The Uganda Law Council has issued Kenyan lawyer Martha Karua a special practicing certificate, enabling her to represent Ugandan opposition leader Kizza Besigye and his aide, Obeid Lutale. The two remain in custody and face politically charged accusations.
The decision came after Karua successfully reapplied for the certificate through the Uganda Law Society (ULS) following an initial rejection.
“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 ULS announced on X (formerly Twitter) on Monday.
Karua is scheduled to appear before the General Court Martial on Tuesday, January 7, 2025, to defend Besigye and Lutale.
Karua’s initial application, submitted on December 6, 2024, was rejected by the council, citing procedural issues under Section 18 of the Advocates Act. The council claimed her application lacked notarized copies of her practicing certificate and other essential documents.
Karua criticized the council’s approach, arguing that any omissions could have been addressed by requesting the required documents rather than outright denial.
“It is Dr. Besigye’s constitutional right to appoint a lawyer of choice, including a lead counsel of choice,” Karua said.
ULS President Isaac Ssemakadde condemned the council’s decision, describing it as “ignorant and prejudiced.” He highlighted the exclusion of his office from the special meeting that reviewed Karua’s application, calling the move deliberate and biased.
“They maliciously did not invite me to the special sitting. Had I been present, I would have explicitly pointed to Article 19,” said Ssemakadde, referring to regional legal standards.
Karua, a senior lawyer and former Kenyan Minister of Justice, also refuted allegations that she misrepresented herself as a licensed practitioner during a court martial hearing on December 2, 2024. She described the accusations as “an attack on my character and integrity,” which undermined East African unity.
The certificate approval allows Karua to lead a 50-member legal team, which includes representatives from the Pan-African Lawyers Union and the International Commission of Jurists, to defend Besigye and Lutale.
Background on the Case
Besigye and Lutale have been in custody since November 20, 2024, on charges of illegal firearm possession, widely perceived as politically motivated. The two were allegedly abducted by Ugandan agents in Nairobi on November 16, 2024, and transported to Uganda under contentious circumstances.
The charges include unlawful possession of ammunition, purportedly reserved for the Uganda Peoples’ Defence Forces (UPDF). The State alleges that the offenses occurred in multiple locations, including Nairobi, Athens, Greece, and Geneva, Switzerland, between October 2023 and November 2024.
The case has drawn significant international attention, with human rights groups expressing concerns over Uganda’s commitment to legal standards and civil liberties.
Ssemakadde has vowed to advocate for systemic reforms within Uganda’s legal system, including abolishing 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.
The ongoing legal proceedings are seen as a critical test of Uganda’s adherence to regional legal standards and human rights.
