Law Society Of Kenya Condemns Uganda’s Rejection Of Martha Karua’s Practicing Certificate
The Law Society of Kenya (LSK) has voiced strong objections to the Law Council of Uganda’s decision to deny Martha Wangari Karua, Kenya’s former Justice Minister, a temporary practicing certificate to represent Dr. Kiiza Besigye and Hajj Obeid Lutale at Uganda’s General Court Martial.
Karua, who sought to join a 50-member legal team from the Pan-African Lawyers Union and the International Commission of Jurists, aimed to provide legal representation for Besigye and Lutale, detained since November 20 on charges of illegal firearm possession. Critics have described the charges as politically motivated.
The Law Council of Uganda rejected Karua’s application, citing the absence of notarization on her practicing certificate and a letter of good standing from the Law Society of Kenya.
In a scathing response, LSK President Faith Odhiambo condemned the decision, calling it “derogatory, contemptuous, and high-handed.” Odhiambo asserted that the ruling undermines the mutual cooperation historically upheld between the Kenyan and Ugandan legal communities.
“It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, particularly a reputable Senior Counsel like Hon. Martha Karua,” she stated.
Odhiambo criticized the Council for failing to uphold the Mutual Recognition Agreement (MRA) between the two nations, noting that Kenyan lawyers face persistent obstacles when attempting to practice in neighboring countries.
“As things stand, this hardline stance demonstrates a lack of compromise to promote the MRA. The Law Society of Kenya cannot continue to accept outright disrespect lying down,” she added.
The LSK plans to engage Kenya’s Attorney General to resolve the impasse over cross-border legal practice and has hinted at suspending the admission of Ugandan advocates to the Kenyan Bar until reciprocal arrangements are implemented.
“This regrettable but necessary measure is aimed at preserving the dignity and equity of Kenyan legal practice,” Odhiambo noted.
The East African Law Society (EALS) and Uganda Law Society (ULS) have joined the LSK in condemning Uganda’s decision.
EALS President Ramadhan Abubakar stated that the rejection contravenes the East African Community Treaty and Uganda’s Advocates Act. “This decision impedes Karua’s ability to represent her clients and violates their right to choose counsel, as enshrined in the African Charter on Human and Peoples’ Rights,” he said, warning of its potential to erode public trust in judicial institutions and discourage cross-border litigation.
Similarly, ULS President Isaac Ssemakadde urged Karua to reapply through his office, invoking International Bar Association standards for legal practice. Ssemakadde criticized the Law Council of Uganda for bias and procedural irregularities, stating, “They maliciously excluded me from the special sitting that considered Martha Karua’s application.”
The dispute has spotlighted challenges in regional legal practice and raised calls for improved cross-border collaboration to uphold judicial independence and equitable treatment for practitioners.
