LSK threatens to ban Ugandan lawyers after Karua was denied practising certificate

The Law Society of Kenya (LSK) has threatened to suspend the admission of Ugandan advocates into Kenyan practice following the Uganda Law Council’s decision to deny Senior Counsel Martha Karua a temporary practising certificate.

In a statement on Tuesday, LSK President Faith Odhiambo described the Uganda Law Council’s move to deny Karua a temporary permit to represent opposition leader Dr Kiiza Besigye as "derogatory, contemptuous, and high-handed."

The controversy stemmed from the Uganda Law Council’s rejection of Karua’s application, which would have allowed her to represent Besigye and Obeid Lutale before the General Court Martial in Kampala.

In its statement, the LSK expressed "unqualified disenchantment" with the decision and criticised the manner in which it was communicated.

"This decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, but the manner in which it was communicated and the reasons given are ludicrous and distasteful.”

The LSK further condemned the lack of regard shown for Kenyan legal practitioners, specifically Karua, a long-standing and respected member of the Senior Counsel Bar.

“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,” Odhiambo added.

The LSK also highlighted Kenya’s role in promoting regional legal cooperation, noting that the country has made efforts to integrate counsel from neighbouring countries into Kenyan practice.

Despite these efforts, the LSK pointed out that Ugandan lawyers have not shown reciprocal respect.

“As things stand, Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighbouring countries. If the response by the Uganda Law Council 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, but also something the Council appears to take pride in,” LSK said.

Narc Kenya party leader Martha Karua addressing a past media briefing. (Photo: File/Justine Ondieki)

The LSK emphasised its mandate under the Law Society of Kenya Act to protect legal practice in Kenya, warning that it could no longer tolerate such disrespect.

"Accordingly, LSK will be engaging the Attorney General immediately to bring the overdue impasse over cross-border practice to a conducive end. We must either find a symbiotic, reciprocal, and formal engagement that promotes the interests of all parties or preserve the dignity of the Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal and disingenuous attitudes,” Odhiambo said.

In addition, the LSK said it is considering suspending the admission of advocates from the Uganda Law Society until reciprocal arrangements are put in place. The society stressed that such a measure, though regrettable, was necessary to uphold the dignity and equity of Kenyan legal practice.

“We must either find a symbiotic, reciprocal and formal engagement that promotes the interests of all parties or preserve the dignity of the Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal,” the Society said.

“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.”

It added that they remain resolute in their commitment to upholding the interests of their members and ensuring that the principles of mutual respect and reciprocity underpin regional legal cooperation.