After initial rejection, the Uganda Law Council grants Karua a special certificate to defend Besigye and his aide, signalling a victory for cross-border legal practice.

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Uganda Law Council Clears Karua to Represent Besigye in Legal Battle

In a significant legal development, the Uganda Law Council has approved the application of Kenyan lawyer Martha Karua to represent prominent Ugandan politician Dr. Kizza Besigye in his court martial. Besigye, a long-time opponent of President Yoweri Museveni, faces serious charges, including illegal possession of firearms and ammunition. Karua, a respected lawyer and former Kenyan presidential candidate, will also defend Besigye’s aide, Obeid Lutale, who has been implicated in the same case.

This decision was reached after a meeting of the Uganda Law Council, where the members unanimously agreed to grant Karua a temporary practicing certificate, allowing her to legally represent her clients in Uganda’s court system. The meeting was chaired by Court of Appeal Justice Irene Mulyagonja and attended by Uganda Law Society President Isaac Ssemakadde, who played a key role in the approval process.

A Controversial Rejection and Legal Backlash

The approval comes after a turbulent period for Karua, whose initial application for a practicing certificate had been rejected on December 6, 2024, just days before Besigye and Lutale were due to appear in court. This rejection sparked strong reactions, both in Uganda and beyond, especially from the Kenyan legal community.

Karua had applied for the certificate in order to represent her clients in Uganda’s legal proceedings. However, the rejection left her unable to appear in court as Besigye’s defense lawyer. In response, Karua voiced her strong objections to the decision, describing it as a personal attack on her character. She also argued that it set a harmful precedent for legal cooperation within the East African Community (EAC), a regional bloc comprising Kenya, Uganda, and other member states.

“The decision is not only an attack on me personally, but it also undermines the spirit of regional cooperation within the East African Community,” Karua said, emphasizing the importance of free movement and collaboration among East African lawyers.

As a result of this decision, the Law Society of Kenya made its displeasure known, warning that Uganda’s actions could lead to the suspension of Ugandan lawyers from the Kenyan bar. This move was seen as a serious diplomatic concern, as it threatened to strain legal ties between the two neighboring countries.

A Win for Regional Legal Practice

Despite the initial rejection, Karua’s persistence paid off when she appealed the decision to the Uganda Law Society. On December 23, 2024, Karua’s appeal was officially received, and the Law Society subsequently submitted it to the Uganda Law Council for review. In a turn of events, the Uganda Law Council not only accepted her appeal but also acknowledged that the decision was a return to civility and a step toward fostering better cross-border legal practices.

Ssemakadde, the president of the Uganda Law Society, expressed relief and satisfaction following the Law Council’s decision, calling it a “return to civilization.” He highlighted the importance of allowing lawyers from different East African countries to represent clients in each other’s jurisdictions, as this strengthens the legal profession in the region.

“We are pleased that the Uganda Law Council has taken the right step in allowing Martha Karua to represent her clients,” Ssemakadde stated. “This decision will go a long way in promoting regional integration and fostering a spirit of cooperation among legal practitioners in East Africa.”

The decision has also been hailed as a positive sign for the legal landscape in Uganda, as it demonstrates a willingness to accommodate qualified foreign lawyers who wish to represent clients in Ugandan courts. It’s also a reminder of the need for greater transparency and fairness in legal decision-making.

A Hopeful Outlook for Besigye and Lutale

The court martial case against Dr. Kizza Besigye and Obeid Lutale has attracted significant attention, both locally and internationally. Besigye, a staunch critic of the Ugandan government, has faced multiple charges over the years, often seen as politically motivated. His current charges relate to the unlawful possession of weapons and ammunition, which he and his supporters claim are fabricated to silence dissent.

With Karua now cleared to represent him, Besigye and Lutale can expect a seasoned and passionate defense from one of East Africa’s most prominent lawyers. Karua’s involvement brings an international dimension to the case and is likely to draw further scrutiny to the fairness of the legal proceedings.

Karua’s legal expertise, coupled with her reputation for standing up for justice, will be crucial in navigating the complex legal landscape surrounding Besigye’s charges. Her presence also serves as a strong signal that East African lawyers are committed to upholding the rule of law, regardless of national borders.

The Future of East African Legal Cooperation

This landmark decision is more than just a victory for Martha Karua; it is also a step forward for the legal community in East Africa. It demonstrates that, despite occasional tensions, the region remains committed to strengthening its legal ties and upholding the principles of justice and fairness.

As East African nations continue to collaborate in various sectors, including trade, infrastructure, and law, the ability for lawyers to represent clients across borders is crucial for promoting the values of democracy and human rights in the region.

In the case of Martha Karua and her representation of Besigye and Lutale, it remains to be seen how the trial will unfold. What is clear, however, is that this decision marks an important moment for the legal community in Uganda and East Africa, offering hope for greater cross-border legal cooperation in the years to come.