Kenya considers ban on Ugandan lawyers over Karua saga
However, the Law Council of Uganda rejected Karua's request for a temporary practicing certificate, claiming her intentions are political, a move that has stirred a diplomatic and legal storm between the two countries.
In a significant escalation of regional legal tensions, the Law Society of Kenya (LSK) has strongly criticized the Law Council of Uganda for rejecting Senior Counsel Martha Karua’s application to represent Dr. Kizza Besigye and Obeid Lutale before the General Court Martial in Kampala.
The decision has been termed derogatory, high-handed, and a blow to mutual legal cooperation in East Africa.
Background
Dr. Kizza Besigye, one of Uganda’s most prominent opposition leaders and a staunch critic of President Yoweri Museveni’s administration, has faced numerous legal battles over the years. In this latest case, Besigye and his co-accused, Obeid Lutale, are embroiled in charges tied to national security, prompting calls for a fair and transparent trial. Besigye’s legal team sought to enlist Hon. Martha Karua, SC, a respected Kenyan lawyer and advocate for democracy, to bolster their defense.
However, the Law Council of Uganda rejected Karua’s request for a temporary practicing certificate, claiming her intentions are political, a move that has stirred a diplomatic and legal storm between the two countries.
In its statement, the LSK minced no words, condemning Uganda’s decision as undermining regional integration and mutual respect between legal fraternities.
“We express our unqualified disenchantment with the derogatory, contemptuous, and high-handed decision taken by the Law Council of Uganda,” read part of the LSK’s statement.
The society further lambasted the reasoning behind the rejection, calling it “ludicrous and distasteful.” They added, “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.”
The LSK highlighted Kenya’s leadership in fostering regional legal integration and criticized Uganda for failing to reciprocate such goodwill.
“Kenya has been a leader in encouraging and fostering regional cooperation in legal practice and has increasingly allowed the integration of counsel from neighboring countries into Kenyan practice,” the statement emphasized.
The rejection of Karua’s application, according to the LSK, risks derailing ongoing efforts to promote the Mutual Recognition Agreement between Kenya and Uganda. The society described Uganda’s stance as not only non-committal but deliberately obstructive.
Cognizant of its mandate to protect the dignity of the Kenyan legal practice, the LSK announced plans to engage Kenya’s Attorney General to resolve what it termed as an “overdue impasse.”
They called for “symbiotic, reciprocal, and formal engagement that promotes the interests of all parties or preserves the dignity of the Kenyan legal practice.”
The statement added, “We must either find a compromise to promote the Mutual Recognition Agreement or withdraw from lopsided arrangements marred with non-committal and disingenuity.”
As a potential consequence, the LSK hinted at suspending the admission of Ugandan lawyers to the Kenyan bar. “This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” the society asserted.
Expert Insights
Legal experts have weighed in on the unfolding drama, warning of its potential ramifications on regional legal integration under the East African Community (EAC). Dr. Paul Okello, a regional legal affairs analyst, remarked, “The rejection of Martha Karua’s application signals a significant breakdown in the spirit of reciprocity and mutual respect. It’s a troubling precedent for cross-border legal cooperation in East Africa.”
The LSK’s statement reflects growing frustration among Kenyan legal professionals, who feel that Uganda has not matched Kenya’s efforts in advancing regional legal integration.
“Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries. This goodwill and good faith extended to the region has met no reciprocity or acknowledgment whatsoever,” the statement noted.
This clash extends beyond the Karua-Besigye case and touches on deeper issues of regional unity. The LSK’s call for fairness and mutual respect highlights broader concerns about the future of East Africa’s legal and diplomatic ties.
As the festive season approaches, all eyes are on how Uganda and Kenya will navigate this legal and diplomatic standoff. The outcome will not only determine the fate of Besigye’s defense team but also set a precedent for cross-border legal cooperation in the region.
