Uganda Law Council grants Karua special practising certificate to represent Besigye

The Uganda Law Council has granted Kenyan lawyer Martha Karua a special practising certificate to represent Ugandan opposition leader Dr Kizza Besigye and his aide, Obeid Lutale, both of whom have been remanded in custody.

The decision follows Karua’s resubmission of her application after the council initially rejected it.

“FINALLY: The Law Council has granted a temporary Practicing Certificate to Martha Karua, following her reapplication through the Uganda Law Society, as directed by our president Isaac Ssemakadde,” the Uganda Law Society (ULS) posted on social media X on Monday.

Karua is now set to represent Besigye and Lutale before the General Court Martial on Tuesday, January 7, 2025.

On December 23, 2024, Karua voiced her concerns over the council’s December 6 decision to deny her application. She had sought the special practising certificate to represent Besigye and Lutale at the General Court Martial, where both men are facing politically charged charges.

The Uganda Law Council, which oversees legal practitioners in Uganda, initially rejected her application under Section 18 of the Advocates Act, which imposes restrictions on the temporary grant of the right to practise law in Uganda.

Procedural issues

The Society cited procedural issues, including the absence of notarised copies of her practising certificate and other required documentation. However, Karua contested these reasons, stating that the council should have requested any additional documents rather than outrightly rejecting her application.

President of the Uganda Law Society Isaac Ssemakadde, expressed his disappointment in a letter dated December 10, where he condemned the rejection of Karua’s application as “ignorant and prejudiced.”

“All hope is not lost. The Uganda Law Society is empowered to fight for Karua’s audience,” he said, urging her to reapply through his office, referencing the International Bar Association (IBA) standards for legal independence.

Ssemakadde also expressed frustration at being excluded from the special meeting on December 6, which reviewed Karua’s application. He described this as a deliberate move to sideline him and criticised the council for its bias.

“They maliciously did not invite me to the special sitting… Had I been present, I would have explicitly pointed to Article 19,” he said.

Karua, a senior lawyer and former Kenyan Minister of Justice, expressed dissatisfaction with the council’s implication that she lacked the requisite qualifications to practise law in Uganda.

“With the greatest respect to your good selves, it is Dr. Besigye’s constitutional right to appoint a lawyer of choice, including a lead counsel of choice,” she said.

Additionally, Karua rejected allegations made against her, particularly the accusation that she misrepresented herself as a licensed practitioner during a court martial hearing on December 2, 2024.

She termed the accusations “an attack on my character and integrity” and labelled them “disparaging,” stating that they undermined the spirit of East African unity.

Karua is leading a 50-member legal team, including representatives from the Pan-African Lawyers Union and the International Commission of Jurists, to defend Besigye and Lutale.

The two have been detained since November 20, 2024, and face charges related to illegal firearm possession, which many believe are politically motivated.

Besigye and Lutale were controversially abducted by Ugandan agents in Nairobi on November 16, 2024, before being covertly transported to Uganda, sparking outrage among human rights groups.

The charges against them include unlawful possession of ammunition, which is claimed to be exclusively reserved for the Uganda Peoples’ Defence Forces (UPDF).

The case has garnered international attention, with many viewing the legal proceedings as a critical test of Uganda’s commitment to regional legal standards and human rights.

The State claims the offences occurred in multiple locations, including Nairobi, Athens, Greece, and Geneva, Switzerland, between October 2023 and November 2024.

As the legal battle continues, Ssemakadde has pledged to advocate for systemic reforms in Uganda’s legal system, including the abolition of the Uganda Law Council to ensure the independence of the legal profession.

“As President of the Uganda Law Society, I am committed to supporting Ms. Karua’s professional right to practice law in Uganda without discrimination as to origin or political opinion,” he said.