The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The General Court Martial has rejected Kenyan lawyer Martha Karua and over 30 other lawyers from representing Dr. Kizza Besigye and Abeid Lutaale Kamulegeya, citing the absence of written instructions.
According to the prosecution, led by Col. Raphael Mugisha, only lawyers from AF Mpanga Advocates—Fredrick Mpanga, Apollo Katumba, and Ernest Kalibala—were formally instructed to represent the accused. The Court Martial Chairperson, Brigadier Robert Freeman Mugabe, directed the Registrar to verify records, which confirmed the lack of formal instructions for the other lawyers, including Karua.Besigye and Lutaale face charges of illegal possession of firearms and ammunition.
The defense team, led by Kampala Lord Mayor Erias Lukwago, argued that the accused had authorized all present lawyers to represent them. Besigye, speaking from the dock, emphasized that written authority was not mandatory, asserting that Martha Karua and others had his full instructions.
Karua took the floor, stating that she had obtained her practicing certificate that morning and was part of the defense team. She condemned the treatment of lawyers and the recent arrest of her colleague, Eron Kiiza, during the proceedings. Karua requested the court to proceed without insisting on additional written instructions, promising to furnish the necessary documents later.
Despite Karua’s plea, Brig. Mugabe reiterated that only lawyers from AF Mpanga Advocates would represent the accused. He thanked Karua for her humility but criticized other lawyers for “shouting in court,” saying it delayed proceedings and affected the accused.
Karua and Lukwago highlighted the challenges faced by the defense team, including harassment by security personnel at the court gates. Lukwago explained that these disruptions hindered their ability to access Besigye for instructions, adding that the defense team was currently within the grace period for renewing their legal certificates, which expire on March 1, 2024. Judge Advocate Brigadier Richard Tukacungurwa advised lawyers to present their old certificates if still in the grace period, but Lukwago questioned the relevance of expired certificates.
The court is also set to rule on a motion challenging its jurisdiction to try civilians, including Besigye and Lutaale, for alleged offenses committed abroad, in Geneva, Greece, and Kenya. Prosecutor Lt. Gift Mubehamwe urged the court to prioritize delivering the long-awaited ruling, which could influence the defense team’s arguments.
AF Mpanga Advocates, represented by Fredrick Mpanga, requested a 15-minute recess to consult Besigye and Lutaale on whether to proceed without Eron Kiiza, who remains in custody and to potentially provide written instructions for additional lawyers. The court granted the request, with further updates expected after the recess.
As a leader, I’m concerned about the developments in the General Court Martial’s decision to reject Martha Karua and other lawyers from representing Dr. Kizza Besigye and Abeid Lutaale Kamulegeya. The absence of written instructions should not hinder the accused from receiving fair representation ¹.
It’s crucial to ensure that the rights of the accused are protected, and they have access to the legal counsel of their choice. The court’s decision may raise questions about the fairness and transparency of the trial.
Furthermore, the harassment and intimidation of lawyers, as reported by Karua and Lukwago, are unacceptable and undermine the rule of law ¹. As a politician, I urge the authorities to ensure that the defense team can operate without fear of intimidation or harassment.
I call upon the Court Martial to reconsider its decision and allow Karua and other lawyers to represent the accused, provided they meet the necessary legal requirements. The court must balance the need for procedural compliance with the accused’s right to fair representation.