Kampala, (UG);- Kenyan former Justice Minister Martha Wangari Karua has urged Uganda Law Society (ULS) President, Isaac Ssemakadde to join her in challenging the denial of her application for a special practicing certificate to represent Dr Kizza Besigye at the General Court Martial.
The development comes after Ssemakadde in a Tuesday press statement termed the Uganda Law Council’s decision as per incuriam; a legal term implying a judgment made in ignorance of relevant laws or precedents.
Ssemakadde cited Article 19 of the International Bar Association (IBA) Standards for the Independence of the Legal Profession, which obligates legal associations to assist foreign lawyers in obtaining the right to practice locally, provided they meet the necessary qualifications.
The Legal Rebel also criticized the Law Council for allegedly sidelining him in the decision-making process despite his statutory membership. “Had I been invited to the special sitting of the Law Council that considered Senior Counsel Karua’s application, I would have explicitly pointed to Article 19,” he noted in the December 10 letter.
Ssemakadde emphasized the ULS’s mandate under Sections 3(c) and 3(d) of the Uganda Law Society Act, Cap. 305, to protect the rights of lawyers and ensure non-discriminatory practices, and urged Karua to reapply through his office, pledging full support to her case and invoking the IBA Standards.
Responding to the ULS President, Martha Karua expressed appreciation for Ssemakadde’s support and called for active cooperation from the ULS to challenge the Law Council’s decision.
“As you are aware, the Law Council’s decision disregarded Article 19 of the IBA Standards for the Independence of the Legal Profession, which requires the appropriate association of lawyers to cooperate in assisting a foreign lawyer to obtain the necessary right of audience,” Karua stated.
The Kenyan senior counsel outlined two specific requests to Ssemakadde and the Uganda Law Society to invoke the IBA Standards for the Independence of the Legal Profession and support her right to practice law in Uganda without discrimination as to the origin or political opinion. These include;
- Legal Assistance: Provision of legal support to ensure her professional rights are upheld.
- Reapplication Support: Assistance from the ULS in reapplying for a special practicing certificate, invoking international standards.
“I believe that the Uganda Law Society has a critical role to play in promoting and protecting the independence of the legal profession in Uganda and the fundamental principles and objectives of the East African Community (JUMUIYA) I look forward to your cooperation and support in this matter,” she emphasized.
Karua was last month appointed to lead a team of lawyers to defend Ugandan opposition leader Dr Kizza Besigye and his co-accused. Besigye, arrested in Kenya and brought back to Uganda alongside Hajj Obeit Lutale is accused of unlawful possession of ammunition and a firearm and the two are facing trial in the General court martial.
However, Karua insists that despite the denial of certificate from Uganda’s Law Council, that will not deter her and the rest of Dr Besigye’s defence team, and that she will continue to appear in court as an observer until her certificate is secured.
She underscored the ULS’s critical role in safeguarding the independence of the legal profession and aligning Uganda’s legal practices with the principles of the East African Community (EAC) and expressed optimism about a collaborative effort to resolve the matter.
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