Martha Karua calls on ULS to challenge denial of special practicing certificate
In a December 10 letter, Ssemakadde criticized the Law Council for allegedly excluding him from its deliberations on Karua’s application despite his statutory role.
Kenyan former Justice Minister Martha Wangari Karua has urged Uganda Law Society (ULS) President Isaac Ssemakadde to join her in contesting the rejection of her application for a special practicing certificate to represent Ugandan opposition leader Dr. Kizza Besigye in the General Court Martial.
The request follows Ssemakadde’s condemnation of the Uganda Law Council’s decision, which he termed per incuriam—a judgment made in disregard of relevant laws or precedents.
Legal Standards Ignored
Ssemakadde cited Article 19 of the International Bar Association (IBA) Standards for the Independence of the Legal Profession, which obligates legal bodies to assist qualified foreign lawyers in obtaining the right to practice locally.
In a December 10 letter, Ssemakadde criticized the Law Council for allegedly excluding him from its deliberations on Karua’s application despite his statutory role.
“Had I been involved, I would have underscored the importance of Article 19,” he stated.
He also highlighted the ULS’s responsibility under the Uganda Law Society Act to protect lawyers’ rights and ensure non-discriminatory practices. Ssemakadde urged Karua to reapply through his office, pledging the ULS’s full support in aligning the process with international legal standards.
Karua’s Response
In her response, Karua expressed gratitude for Ssemakadde’s backing and called for active collaboration to challenge the Law Council’s decision.
“The Law Council’s decision disregarded Article 19 of the IBA Standards, which requires lawyer associations to assist foreign practitioners in obtaining the necessary rights to practice,” she stated.
Karua outlined two specific requests:
- Legal Assistance: Support to uphold her professional rights.
- Reapplication Support: Help from the ULS in reapplying for a practicing certificate using international standards.
She emphasized the ULS’s pivotal role in promoting the independence of the legal profession and aligning practices with East African Community (EAC) principles.
Besigye’s Defense and Karua’s Determination
Last month, Karua was appointed to lead the legal defense of Dr. Besigye and Hajj Obeit Lutale, who face charges of unlawful possession of firearms and ammunition. Despite the denial of her certificate, Karua has vowed to remain part of the defense team as an observer until her legal status is resolved.
Karua reiterated her commitment to ensuring Uganda’s legal framework respects regional and international standards, expressing optimism that the matter could be resolved through cooperation between the ULS and the Law Council.
