Tuesday, December 10, 2024

Kenya's Karua blocked from defending Besigye in Uganda army court

Prominent Kenyan lawyer, Martha Wangari Karua has been denied a practising license by the Uganda Law Council (ULC). 

As such, Karua cannot represent Dr Kizza Besigye in the controversial case before the General Court Martial where he's charged with illegal possession of ammunition and a firearm whilst in Kenya. In a letter dated December 6, 2024, ULC stated that Karua's application was not compliant with the amended Advocates Act, Chapter 295, and faulted her for not adhering to the updated requirements.

It noted, "The application was not brought under the current Advocates Act, and the advocate was not properly advised about the amendment to the Act."

ULC also criticized Kampala lord mayor Erias Lukwago for using a Kampala Capital City Authority (KCCA) email, saying, "It is unethical for a public officer to execute both professional and political work using a public resource."

It further observed that Karua's participation in the case appeared politically motivated rather than professional, particularly in a case it described as "controversial to two East African Community states."

The Council highlighted that Besigye already has a team of over 30 advocates, and there was no indication that Karua would add any unique expertise unavailable in Uganda. Speaking at a press conference at City Hall in Kampala, Martha Karua expressed disappointment with the decision, stating that the accused has the right to choose their legal representation.

"We further take issue that my application did not attach Mr Lukwago's practising certificate. Rather than use this reason to decline my application, one would expect that the Law Council would have asked for additional documents. Mr Lukwago is not only a well-known personality, he's the lord mayor of Kampala but a practising advocate running a law firm. On the issue of whether I bring any special skill, with respect, it is for Dr Besigye and not the Law Council to choose an advocate or advocates of choice," said Karua. 

Lukwago also criticised the Council's decision, saying, that using the non-existence of a protocol as the reason for the denying the free movement of legal practitioners from different jurisdictions, is contrary to the letter and spirit of section 18 of the Advocates Act. Lukwago said that they're going to take appropriate measures and decisions because Besigye and Obeid are exercising their right under the constitution. He insisted that Karua still remains their team leader and that should be known by the state.

Mangareth Nangacovie, a human rights lawyer from Angola also voiced her disapproval of trying civilians in military courts. She described the practice as part of broader governance challenges in Africa and expressed solidarity with Besigye.

"This movement for freedom in Africa is our fight, our contribution against authorities and we hope that our presence can threaten our corporation to Africa as well because Uganda's problems seem to show everywhere even in Angola. So we're here to show our solidarity but also our protest to this savage act of abducting a civilian and bringing him to a military court as an act of intimidation. I hope for us to create this movement across Africa and raise awareness around this case," said Nangacovie.

Despite the Council's decision, Karua vowed to attend Besigye's court appearance in her robes, affirming her commitment to justice and solidarity. She said she would support the defence team in any capacity, even if not as the lead lawyer.

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