Uganda Law Society asks Karua to reapply for practising license to defend Besigye

The Uganda Law Society (ULS) has pledged to fight for Martha Karua’s right to practice law in Uganda, following the denial of her application for a special temporary practising certificate.

Karua sought the certificate to serve as lead counsel in the politically charged case of Ugandan opposition leader Dr Kizza Besigye.

In a letter dated December 10, Isaac SSemakadde, President of the ULS, expressed regret over the rejection of Karua’s application by the Uganda Law Council, describing the decision as ignorant and prejudiced. He encouraged Karua to submit another application, assuring her that the ULS would safeguard her right to practice.

“All hope is not lost. The Uganda Law Society is empowered to fight for Ms. Karua's audience,” wrote SSemakadde. “I urge Karua SC to reapply through my office, invoking the International Bar Association (IBA) standards for the independence of the legal profession.”

SSemakadde criticised the Uganda Law Council for its alleged bias and failure to uphold the independence of the legal profession. He also accused the council of malice, revealing his exclusion from the special meeting that reviewed Karua's application.

"They maliciously did not invite me to the special sitting of December 6, 2024, which purportedly considered Martha Karua's application." Had I been present, I would have explicitly pointed to Article 19,” he stated.

Rejected on procedural grounds

The council reportedly rejected Karua's application on procedural grounds, citing the absence of notarised copies of her practising certificate, a letter of good standing from the Law Society of Kenya, and other documentation. Karua responded by sharing a detailed letter on her social media, calling the council's reasoning unfounded.

Lead counsel Martha Karua with other Forum for Democratic Change Party leaders at the General Court Martial in Uganda ahead of Dr Kizza Besigye’s bail hearing on December 2, 2024. (Photo: Nicholas Bamulanzeki)

“Rather than use these as reasons to decline my application, one would expect that the law council would have asked for whatever additional documents that it desired,” she wrote.

Karua, a senior lawyer and former Kenyan Minister of Justice, criticised the council’s implication that she lacked the necessary qualifications and skills to practice 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 asserted.

Karua also refuted allegations that she misrepresented herself as a licensed practitioner during a court martial hearing on December 2.

“This accusation constitutes an attack on my character and integrity and undermines the appearance of impartiality of the law council,” she said, adding that the accusations were “disparaging and undermined the spirit of Jumuiya,” a reference to East African unity.

Karua leads a robust 50-member legal team, including representatives from the Pan-African Lawyers Union and the International Commission of Jurists, in defending Besigye and his co-accused, Hajj Obeid Lutale. The duo, detained since November 20, faces charges of illegal firearm possession, which critics claim are politically motivated.

On November 16, Ugandan agents controversially abducted Besigye and Lutale in Nairobi and transferred them to Uganda, causing outrage among human rights advocates. The case has drawn international attention, with the legal proceedings seen as a test of Uganda’s commitment to upholding regional legal standards and human rights.

SSemakadde underscored the need for systemic reforms within Uganda’s legal system, vowing to advocate for the abolition of the Uganda Law Council to ensure the profession's independence.

“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.