Law Society Of Kenya Threatens Retaliation Over Besigye Lawyer

  The Law Society of Kenya has expressed has written to the Law Council for denying Martha Wangari Karua a temporary practicing certificate to represent Dr. Kiiza Besigye and Obeid Lutale before the General Court Martial.

Kenya’s former Justice Minister, Martha Wangari Karua had filed an application seeking to join a 50-member legal team in defending Besigye and his co-accused, Hajj Obeid Lutale.

She would have been part of the team from the Pan-African Lawyers Union and the International Commission of Jurists that have taken interest in the trail of Dr, Besigye and his co-accused at the court martial. 

The duo has been in detention since November 20. They face charges of illegal firearm possession, which critics claim are politically motivated.

The Law Council of Uganda however rejected Martha Karua’s application saying her practicing certificate, letter of good standing from Law Society of Kenya were not notarized.

In response, the Law Society of Kenya President, Faith Odiambo expressed what she described as their unqualified disenchantment with “derogatory, contemptuous and high handed decision taken by the Law Council of Uganda.

” She said the decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, but in a manner in which it was communicated and the reasons given are ludicrous and distasteful. 

“It is inconceivable that the Law Council of Uganda would gold such little regard for Kenyan practitioners, no less, a reputable member of the Senior Counsel Bar’ said Odhiambo.   

She said Kenya has been a leader in encouraging and fostering regional cooperation in legal practice and has increasingly allowed integration of Counsel from neighboring countries into Kenyan.

“As things stand Kenyan lawyers continue to face unreasonable constraints in their efforts to practices in neighboring countries. If the response by the Law Council of Uganda is anything to go by, the prevailing hard stance and lack of compromise to promote the Mutual  Recognition Agreement between Kenya and Uganda is not only deliberate , it is also a matter the council appears to pride over” the Odhiambo stated. 

She said as an organization mandate with protecting the legal profession in Kenya, it can no longer be acceptable or common place that it will takes outright disrespect lying down.

“LSk will be engaging the Attorney General immediately to bring the overdue impasse over cross-border practice to a conducive end. We must either find a symbiotic, reciprocal and formal engagement that promotes the interest of all parties or preserve the dignity of the Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal and disingnenuity”   

She further noted that the Law Society of Kenya was considering, after necessary consultations, the suspension of admission of advocates from Uganda law Society until such a time as reciprocal arrangements are appreciated and implemented. 

“This measure though regrettable is necessary to uphold the dignity and equity of Kenyan legal practice” she said.    

The Law Society of Kenya joins the East Africa Law Society and the Uganda law Society in condemning the decision of the Law Council of Uganda. 

The East African Law Society President, President Ramadhan Abubakar I a statement on Tuesday the Law Council of Uganda acted contrary to the East African Community Treaty. “Hon. Martha Karua, SC, met all requirements for temporary admission under Uganda’s Advocates Act. This denial impedes her ability to represent her clients and violates their right to choose their counsel, as outlined in the African Charter on Human and Peoples' Rights,” said Ramadhan Abubakar. 

He warned that the decision could erode public trust in judicial institutions, threaten judicial independence, and discourage cross-border litigation.     

Meanwhile, the Uganda Law Society (ULS) said it will fight for Martha Karua’s right to practice law in Uganda. President of the ULS, Isaac SSemakadde said “All hope is not lost. 

“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 saying it was biased. "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,” said Ssemakadde.