Law Society says video link is necessary if Kenyan Senior Counsel remains barred from entering Uganda.
Kampala, Uganda: The Uganda Law Society (ULS) has formally petitioned the High Court Criminal Division to allow Kenyan Senior Counsel Martha Karua to participate virtually in the ongoing treason trial involving opposition leader Dr. Kiiza Besigye and his co-accused Hajj Obeid Lutale, arguing that her continued exclusion from Uganda should not deny the accused their choice of legal representation.
In a petition dated July 3, 2026 and addressed to the Deputy Registrar of the High Court Criminal Division, ULS Vice President Anthony Asiimwe requested that the court facilitate a video-audio link for Karua should her travel restrictions remain in force ahead of the next court session scheduled for the coming week on July 8.
Asiimwe says Karua was declared persona non grata by immigration authorities upon arrival at Entebbe International Airport on June 22, despite holding a Special Practising Certificate issued by Uganda’s Judiciary under Section 18 of the Advocates Act to enable her lead the defence team alongside Kampala Lord Mayor and lawyer Erias Lukwago.
ULS argues that allowing Karua to appear virtually would ensure continuity of legal representation while avoiding further delays in one of Uganda’s most closely watched criminal proceedings.
Background to the dispute
Karua travelled to Uganda on June 22 as part of the defence team representing Dr. Besigye and Lutale in the ongoing treason case. She was also expected to support lawyer Erias Lukwago during proceedings related to his own criminal case.
However, shortly after arriving at Entebbe International Airport, immigration officials denied her entry into Uganda and directed her to return to Kenya. According to the Uganda Law Society, no official explanation was provided at the time, although other members of the Kenyan legal delegation, including Law Society of Kenya President Charles Kanjama, were allowed into the country.
Her deportation immediately sparked condemnation from legal bodies across East Africa, with both the Uganda Law Society and the East Africa Law Society arguing that the action undermined regional integration and the free movement of professional services guaranteed under the East African Community framework.
Relatedly, the Society has also petitioned the Ministry of Internal Affairs seeking to rescind the decision taken by the immigration authorities to declare Karua a persona non grata.
The latest petition follows months of legal disputes surrounding Karua’s participation in Ugandan proceedings to represent veteran opposition figure Dr Kizza Besigye and his co-accused Hajj Obed Lutale.
In late 2024, Uganda’s Law Council initially declined to grant her a temporary practising certificate to represent Besigye before the General Court Martial, citing concerns it described as political. The decision attracted strong criticism from regional legal organisations before it was later reversed, allowing her to join the defence team in subsequent proceedings.
The Uganda Law Society now argues that Karua’s denial of entry violated Articles 6(d), 7(2) and 104 of the Treaty establishing the East African Community, as well as Article 7 of the Common Market Protocol governing the free movement of services within the region.
The Society also relies on the East African Court of Justice decision in Samuel Mukira Mohochi v Attorney General of Uganda, which addressed the treatment of East African Community citizens entering partner states.
ULS further contends that the restriction conflicts with international standards protecting the independence of lawyers.
The Society cites the United Nations Basic Principles on the Role of Lawyers, arguing that governments are obligated to ensure lawyers can travel freely to consult clients and represent them in court. It also references the International Bar Association Standards for the Independence of the Legal Profession, which protect lawyers from interference while carrying out their professional duties.
According to the ULS petition, if Karua is unable to physically enter Uganda by July 8, the court should permit her participation through video conferencing to safeguard the accused persons’ right to counsel of their choice.
The Radical New Bar says it stands ready to make further legal submissions should the court require additional representations.
The High Court Chief Registrar was yet to respond to the Law Society’s petition at the time of filing this story.
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