The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Law Council has called for a special meeting on Monday to consider an application for a temporary practising certificate from Kenyan Advocate Martha Karua, Senior Counsel.
This comes after Karua resubmitted her application on December 23, accompanied by a communication from the Uganda Law Society expressing grave concerns about the Council’s prior decision to deny her initial application on December 6, 2024.
If her application is successful, Karua will be able to lead the defence team for Dr. Kizza Besigye and Hajji Obeid Lutale at the General Court Martial the following day on January 7th 2025 when the case in which the duo is accused of illegal possession of ammunition and firearms returns to court for mention.
According to the Uganda Law Society President Isaac Ssemakadde who is a member of the council, this is a crucial opportunity for the Council to re-examine its approach to requests for cross-border legal practice, and demonstrate true transparency and fairness.
The Uganda Law Council had previously on December 6th 2024 declined to grant a practising license to Karua, citing non-compliance with the amended Advocates Act, Chapter 295. The Council also questioned Karua’s motivation, suggesting that her participation in the case was politically driven rather than professional.
Karua had applied for the license to represent Dr. Kizza Besigye and Lutaale who were arrested from Kenya on November 16th and brought to Uganda for trial allegedly in collaboration by both Kenyan and Ugandan security forces.
However, the Uganda Law Council’s decision was met with criticism from the Law Society of Kenya, which threatened to suspend the admission of advocates from the Uganda Law Society in protest.
The Uganda Law Society has since expressed its support for Karua’s application, emphasizing the need for cooperation and reciprocity in the legal profession within the East African Community.
Besigye and Lutaale have been in detention and remand at Luzira Prison since their arrest mid November 2024.
His lawyers previously indicated that they were not ready to proceed in the Court Martial in the absence of the Lead Counsel Martha Karua or unless their clients advise them otherwise.
Both Besigye and Lutaale challenged their trial in the military court.
In May 2024, the Supreme Court promised to deliver its judgement on notice arising from the case in which the Attorney General is appealing against the Constitutional Court decision that nullified the trial of civilians in the court martial on notice.
The case arising from former MP Michael Kabaziguruka’s petition is pending judgment before a panel of seven Supreme Court justices, including Chief Justice Alfonse Owiny-Dollo Chigamoy, Faith Mwondha, Percy Night Tuhaise, Mike Chibita, Monica Mugenyi, Elizabeth Musoke and Catherine Bamugemereire.
Nine months after the adjournment, the Supreme Court is yet to deliver its decision, an issue that has paved the way for continued trial of the civilians in the military court.
Besigye and Three other human rights defenders including lawyers Andrew Karamagi, Anthony Odur and Godwin Toko have since challenged the trial in the East African Court of Justice where they also seek a compensation of 100,000 United States Dollars (more than 360 million Uganda shillings) for what they describe as illegal arrest from Kenya and subsequent illegal trial.
This is not the first time Dr. Besigye has been arraigned before the Court Martial.
He was in 2006 charged with Treason, rape and concealment of Treason, but the charges were however dismissed.
The Prosecutors have since his declaration for Presidency arraigned Besigye in several courts of law across the country on many charges but no conviction has ever been obtained against him.
He has always accused the State of what he describes as Political Persecution rather than prosecution.
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