East African lawyers slam Uganda law council for denying Karua license
Kenyan veteran lawyer and former Justice Minister, Martha Karua at the military court in Kampala recently. PHOTO/ ABUBAKER LUBOWA
What you need to know:
- Kenyan lawyers to petition country's Attorney General.
- East Africa Law Society condemns Uganda's Law Council decision.
Lawyers from the East African region have slammed Uganda Law Council for denying Kenyan veteran advocate and former Justice Minister, Martha Karua license to represent her clients, Dr Kizza Besigye and Obeid Lutale in the military court in Kampala.
Ms Karua who was named to lead Dr Besigye's 50-member legal team had applied for a temporary practicing certificate but was denied by the council led by Justice Irene Mulyagonja.
The Secretary to the Council, Ms Margaret Nabakooza in the letter informed Ms Karua that her application not only lacked pertinent documents accompanying it but was also informed by political tensions.
According to the East Africa Law society (EALS), the council's arbitrary decision undermines the spirit of regional integration as provided for under the Treaty for the Establishment of the East African Community and erodes gains made towards actualizing cross- border legal practice in the East African region.
"It puts into sharp focus the willingness of EAC Partner States to fully implement the Common Market Protocol that guarantees free movement of people, goods, services and capital in the East African Community.
Under Article 126 of the Treaty for the Establishment of the East African Community and Article 11 of the Protocol for the Establishment of an EAC Common Market, EAC Partner States have an undertaking to mutually recognise the academic and professional qualifications granted, experience obtained, requirements met and licenses or certifications granted in other EAC Partner States," the EALS president Ramadhan M. Abubakar said in a December 10 statement.
Citing Section 18 of Uganda's Advocates Act, Abubakar said Ms Karua, a highly respected and licensed Kenyan lawyer has met all the requirements, including those specifically required for temporary admission to practice as an advocate in Uganda.
"In denying Hon. Martha Karua, SC, the practice license, the Law Council has directly impeded not only her ability to represent her clients in Court but also the right of the accused persons to be represented by counsel of their choice as enshrined in Article 7(1)(c) of the African Charter on Human and Peoples' Rights," he added.
Accordig to him, the council's decion erodes public confidence in legally established institutions meant to serve citizens and is a blatant disregard of internationally recognized standards for engaging in cross- border litigation, especially in Commonwealth Countries and under the IBA Standards for the Independence of the Legal Profession (Article 19) as well as UN Basic Principles on the Role of Lawyers.
"As the regional body representing advocates across the East African Community and actively advocating for the full liberalization of cross-border legal practice, we strongly condemn the decision and urge the Uganda Law Council to reconsider it," he said.
Dr Kizza Besigye and his aide Hajj Obeid Lutale before the General Court Martial on December 10, 2024. PHOTO | ABUBAKER LUBOWA
EALS statement was issued moments after Kenya Law Society (KLS) threatened to suspend admission of Ugandan advocates on grounds that Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries.
"If the response by the Law Council of Uganda is anything to go by, the prevailing hard stance and lack of compromise to promote the Mutual Recognition Agreement between Kenya and Uganda is not only deliberate, it is also a matter the Coundl appears to pride over. Cognizant of our mandate under the Law Society of Kenya Act to protect legal practice in Kenya, it can no longer be acceptable or commonplace that we take outright disrespect lying down...To further protect the integrity of legal practice in Kenya, the Law Society of Kenya is actively considering, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such a time as reciprocal arrangements are appreciated and implemented. This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice," KLS president Faith Odhiambo said.
This publication understand Ms Karua has also petitioned the Uganda Law Society (ULS) seeking "cooperation to challenge a decision" by the Uganda Law Council.
"As you are aware, the Law Council's decision disregarded Article 19 of the IBA Standards for the Independence of the Legal Profession, which requires the appropriate association of lawyers to cooperate in assisting a foreign lawyer to obtain the necessary right of audience. I urge the Uganda Law Society to invoke the IBA Standards for the Independence of the Legal Profession and support my right to practice law in Uganda without discrimination as to origin or political opinion," Ms Karua said in her December 10 letter to the ULS.
She wants ULS to support her reapplication for a special practicing certificate, invoking the IBA Standards for the Independence of the Legal Profession; and provide legal assistance and support to ensure that her rights as a lawyer are protected and upheld.
"I believe that the Uganda Law Society has a critical role to play in promoting and protecting the independence of the legal profession in Uganda and the fundamental principles and objectives of the East African Community (JUMUIYA)," she added.
Earlier, the ULS president, Mr Isaac Ssemakadde said he was committed to supporting Ms Karua's professional right to practice law in Uganda without discrimination as to origin or political opinion.
Dr Besigye and his aide, Hajj Lutale were on November 16, 2024 allegedly abducted from the Kenyan capital, Nairobi where they had travelled to attend Ms Karua’s book launch before they were brought back into Uganda by road through the eastern border post and later arraigned in the military court.
They face charges related to security, and being in unlawful possession of firearms and ammunition.
