Title: Beyond Formal Equality: A Longitudinal Analysis Of Equity, Customary Law, And Gender Justice In Uganda Through The Lens Of Mifumi V. Attorney General
Authors: Dr. Arinaitwe Julius, Dr. Ariyo Gracious Kaazara
Volume: 9
Issue: 10
Pages: 75-83
Publication Date: 2025/10/28
Abstract:
Background: The intersection of statutory law and customary practices in post-colonial Uganda presents profound challenges to achieving substantive gender equality. Despite the landmark 2015 Mifumi v. Attorney General ruling declaring bride price refunds unconstitutional, a persistent gap exists between formal legal protections and women lived realities. Main Objective: To critically analyze the longitudinal impact of the Mifumi v. Attorney General ruling on gender equity and justice in Uganda, examining the intersection of constitutional law, customary practices, and women lived experiences from 2015 to 2025. Methods: This mixed-methods longitudinal study employed multistage cluster sampling to recruit 1,248 participants (624 married women, 312 men, 312 community and legal leaders) from twelve districts across Uganda's four regions. Sample size calculations ensured 80% power to detect medium effect sizes (Cohen's d=0.5) at ?=0.05. Key Results: Bride price refund demands decreased significantly in post-Mifumi marriages (20.0% vs. 30.1%, p<0.001; adjusted OR=0.54, p<0.001), though one-fifth of recent marriages still experienced this prohibited practice. Women's autonomy scores increased by 8.74 points (p<0.001) and gender equitable attitudes improved substantially (66.1 vs. 51.2, p<0.001) in post-Mifumi cohorts, yet awareness of the ruling remained alarmingly low at 35%. Multivariate analyses revealed that patriarchal attitudes (OR=1.31 per 10-point increase, p<0.001), high bride price amounts (OR=1.24 per million UGX, p<0.001), and regional variation (Northern region OR=1.68, p=0.012) perpetuated harmful practices despite legal prohibitions. Conclusion: The Mifumi ruling achieved partial success in reducing bride price refund demands and improving gender equity indicators, yet substantial implementation gaps persisted due to low legal awareness, entrenched patriarchal attitudes, economic dependencies, and weak enforcement mechanisms. Legal reforms benefited primarily educated, aware, urban women while leaving rural, marginalized women vulnerable to continued discrimination. Recommendations: (1) Implement comprehensive legal literacy programs targeting rural communities through community-based facilitators and traditional leader engagement; (2) Develop gender transformation programs addressing patriarchal attitudes through male engagement, couples' education, and community dialogues;