Karua, Law Council trade tough letters on permit

They were charged with offences of unlawful possession of firearms and remanded to Luzira Prisons and reappeared on December 2 and were further remanded until today.

The state accused the duo and others still at large of convening meetings in Athens, Geneva, and Nairobi between October and November 2024 aimed at soliciting support and identifying military targets with the aim of destabilising the country.

Ms Karua, who heads the NARC-Kenya party and coordinates the Pan-African Opposition Leaders Network, was picked to lead the legal team as the two accused appeared before the Brig Freeman Mugabe-led court on December 2, but lack of this crucial licence barred her.

This development prompted the defence team led by Kampala City Lord Mayor Erias Lukwago to plead for more time to process the licence, forcing the adjournment of the case to today.

A seemingly angry and frustrated Karua, who castigated the conduct of the Council at a news conference yesterday, was informed by its Secretary on December 6, that her November 25 Application for a Special Licence was declined by the Council meeting that sat that same day and deemed that the former’s intentions are more of political than professional.

The Council Chairperson Justice Irene Mulyagonja yesterday chose restraint on the matter, telling Monitor, “I have no comment.”

The Secretary to the Council, Ms Margaret Nabakooza, who authored the letter to Ms Karua, did not pick up our repeated calls nor did she reply to our text messages by press time.

Law Council lists grounds

Ms Nabakooza in the letter informed Ms Karua that her application not only lacked pertinent documents accompanying it but was also informed by political tensions.

Ms Nabakooza said Ms Karua’s application was not filed under the current Advocates Act, an indication that the lawyers who invited her did not advise her appropriately.

They cited lack of notarised copies of her current practising certificate; letter of good standing from the Law Society of Kenya; nationality documents; academic qualifications and did not attach Mr Lukwago’s valid practising certificate as required by law.

“The criteria to be considered by the Law Council while considering such applications, apart from the fact that the applicant must be a legal practitioner, by whatever name called, of any country operating the common law system and designated by Law Council under Section 13(8)(b), are not set out.

“Therefore, each case is considered on its own merit. In this particular case, you seek to appear before the General Court Martial in a case that is deemed controversial by two States in the East African Community (EAC): Uganda and Kenya. Political tensions are evident from the application and the stance that you took as soon as you arrived in Uganda,” read part of the letter.

Ms Nabakooza reminded Ms Karua that she is a potential witness in the case in which Lukwago & Company Advocates invited her to lead the defence team.

“Information available in the public domain is that the proposed client, Dr Besigye, was invited to Kenya by you to attend your book launch, and it was while he was in Kenya for that purpose that he was brought back to Uganda and charged,” the letter added.

The Law Council, she said, observed from open sources that the contingent of Advocates that Mr Lukwago plans to represent Dr Besigye consists of more than 30 Advocates.

“There is no indication that you intend to bring any special skills or knowledge that the contingent of legal practitioners in Uganda do not hold,” the letter added.

Ms Nabaakoza further informed Ms Karua that the council questioned her conduct while in Uganda, including appearing before the army court fully robbed and sat with Mr Lukwago, who introduced her as the lead counsel, yet she had not been given the licence.

Ms Karua is also accused of leading a team of lawyers and the press on December 3 to storm the premises of the Supreme Court unannounced, seeking to see the Chief Justice, and demanding him, through the Court, to deliver justice on matters related to those in the General Court Martial.

“The unscheduled and unannounced visit led to an embarrassing fracas at the court where security personnel manually restrained the press from entering the premises. This confrontational manner of seeking audience with the Chief Justice indicates that you do not have the capacity to traverse the intricacies of handling professional etiquette in this jurisdiction,” the letter read.

Karua fires back

In the December 9 letter, responding to Ms Nabakooza, Ms Karua wondered why the Law Council would base such reasons to deny her a licence.

“You state that copies of my prasticing certificate, and letter of good standing from the Law Society of Kenya were not notarised, and further my nationality documents and academic qualifications were not attached.

“Googled laws of You rightly point out that I did not cite the current Advocates Act, you further take issue that my application did not attach Mr Lukwago’s practising certificate rather than use these as reasons to decline my application, one would expect that the Law Council would have asked for additional documents, including notarized copies, and Mr Lukwago’s practicing certificate,” it read.

Ms Karua wondered where the law council derives the powers to start asking the new skills she is bringing on board yet it is constitutionally right for anyone to choose their lawyers.

“Your role is to use your discretion under the Advocates Act of Uganda judiciously not capriciously,” she wrote.

“You accuse me of questionable conduct claiming that I held out as a person holding a valid practicing certificate in Uganda when I attended the court martial hearing of Dr Besigye’s case on the December  2. This is totally untrue. You did not seek to hear me before making your conclusions. As a visiting jurist. I sat with Mr Lukwago, who introduced me to the court and informed the court I was waiting for the approval of my special licence to practice law in Uganda for purposes of the case before them.

“It was on this basis that an adjournment was granted to the December 10. In the light of these facts. I take great exception to this unfounded accusation by yourselves which constitutes an attack on my character and integrity and is actionable under the laws of Uganda and the EAC treaty,” the letter further read.

Ms Karua informed the Law Council Secretary that she accompanied Mr Lukwago and other Advocates to the Chief Justices’ chambers seeking audience with him as the top administrator of the courts, as a citizen of the Jumuiya (East African Community), and a jurist.

“With respect, I do not require a practising certificate to make an administrative inquiry. I beg to differ with your conclusion that the visit amounted to being confrontational or a breach of professional etiquette. Your hostile tone, disparaging and personalised attack on my person and character goes beyond your duty to assess and act on my application and is a manifestation of malice, and showcases the Law Council and Uganda as hostile to citizens of the Jumuhiya and others outside,” she said.

Speaking to reporters yesterday, Ms Karua said it’s absurd that such is happening in Uganda to a jurist from East Africa.

“You would imagine that the President of Uganda, Yoweri Museveni, being a staunch advocate of Jumuiya and now it’s Uganda treating in an unexpected manner, a jurist from Kenya,” she said.

“We would expect that the Law Council would use its discretion judiciously in determining whether to grant or not to give a licence,” she added.

Uganda Law Council to Karua

1. The intention of bringing you on board is not purely professional but tinged with a political agenda.

2. The application was not accompanied by Mr Erias Lukwago’s valid Practising Certificate as required by law.

3. Dr Besigye legal team consists of 30 advocates, there is no evidence that you are bringing new skills on board.

4. Your conduct was questionable from a professional perspective after you appeared before the General Court Martial and stormed offices of Chief Justice unannounced.

5. You seek to appear before the General Court Martial in a case that is deemed controversial by two states in the East African Community.

 Karua rebuttal 

1. Mr Lukwago is not only a well-known personality as the Lord Mayor of Kampala but also a practicing advocate running a law firm.

2. On the issue of whether I bring any special skill, with respect it is for Dr Besigye and not the Law Council to determine and choose an advocate or advocates of choice.

3. On sitting in general Court Martial without a licence: I sat with Mr Lukwago. who introduced me to the court and informed the court I was waiting for the approval of my special license to practice law in Uganda for purposes of the case before them

4. As a citizen of the Jumuiya and a jurist. I accompanied Mr Lukwago and other Advocates to the Chief Justice’s chambers seeking an audience with him as the top administrator of the courts

5. Your hostile tone, disparaging and personalized attack on my person and character goes beyond your duty to assess and act on my application and is a manifestation on malice.