Kenyan lawyers threaten revenge over Karua licence

The Law Society of Kenya (LSK) yesterday threatened to suspend all Ugandan lawyers operating in their country, following a decision by the Uganda Law Council to deny Ms Martha Karua, a temporary practicing licence.

Ms Karua yesterday failed for the second time to represent her clients Dr Kizza Besigye and Mr Obeid Lutale, who were abducted in Nairobi, Kenya, on November 16.

The duo was arraigned before the General Court Martial on November 20, charged with unlawful possession of firearms, remanded to Luzira until December 2 when they reappeared and were remanded again. They reappeared yesterday and were further remanded until January 7,2025.

The president of LSK, in a December 10 press statement, not only condemned the actions of the council but also threatened to take drastic decisions, which she said would be regrettable but aimed at keeping the integrity of legal practice in Kenya.

“To protect the integrity of legal practice in Kenya, the LSK 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,” reads the statement signed by Ms Faith Odhiambo.

“We express our unqualified disenchantment with the derogatory, contemptuous, and high-handed decision taken by the law council of Uganda... It is inconceivable that the law council of Uganda would hold such little regard for Kenyan practitioners, no less, a reputable and long-standing member of the Senior Counsel Bar,” it adds.

Ms Karua, who applied for the license on November 25, following her appointment as the lead counsel of the 50-member legal team, was on December 6 notified by the council secretary, Ms Margaret Nabakooza, that the special council meeting did not consider her application over various reasons, including her application lacking notarised copies of her current practicing certificate; letter of good standing from the Law Society of Kenya; nationality documents; academic qualifications, and was not accompanied by Mr Lukwago's valid practicing certificate as required by law.

Ms Nabakooza further said the council observed that Ms Karua was a potential witness in the case she was intending to represent, lacked any new skill she would bring to the case which the more than 30 Ugandan advocates already on the case lacked, questioned her professionalism after she attended the December 2 court session without a license, as well stormed the Chief Justice’s chamber on December 3 unannounced, causing what they described as unnecessary fracas.
“For the reasons above, your application for a Special Practicing Certificate is denied. The purpose of this letter is to inform you of the council's decision,” reads the letter seen by this publication.

In the press statement, Ms Odhiambo said the Council’s decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, the manner in which it was communicated and the reasons given thereof are ludicrous and distasteful.
The regional cooperation in legal practice in Kenya has been fostering and encouraging by increasingly allowing the integration of counsels from neighbouring countries, especially Uganda into Kenyan practice, which Ms Odhiambo said has been abused by the Uganda Law Council.

Ms Odhiambo’s statement came shortly after Mr Isaac Ssemakadde, the president of the Law Society, condemned the decision of the Uganda Law Council, which he accused of not inviting him at the special sitting despite him being a member.

“However, all hope is not lost. The Uganda Law Society is empowered to fight for Ms Karua's right of audience: See Sections 3(c) and 3(d) of the Uganda Law Society Act, Cap.
305. I urge Ms Karua, SC to reapply through my office, invoking the IBA Standards for the Independence of the Legal Profession. I am committed to supporting her professional right to practice law in Uganda without discrimination as to origin or political opinion,” he said in a statement.

He added: “The existence of the law council in its current form undermines the independence of the legal profession. Based on two key reference instruments - the UN Basic Principles on the Role of Lawyers and IBA Standards for the Independence of the Legal Profession, I shall continue to advocate for the abolition of the law council and other necessary reforms to ensure the independence of the legal profession.”

Like Ms Odhiambo,Mr Ramadhan M. Abubakar, the president of the East Africa Law Society (EALS), said 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 actualising cross-border legal practice in the East African region.

“In denying Hon Martha Karua 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.

This denial of a fundamental component to fair trial, as recognised in regional and international legal instruments, also sets a dangerous precedent that could undermine the independence of judicial bodies and tribunals in East Africa,” he said.
He added: “In unshakable solidarity with our sister bars, the Uganda Law Society and the Law Society of Kenya,we are determined to see this matter through to its rightful and just conclusion, no matter the obstacles.”