East African Law Society whose mandate is to promote the rule of law, good governance, and human rights through strategic litigation, has expressed dissatisfaction with the acts of Uganda Law Council which resulted into denying Senior counsel Martha Karua (from Kenya) a special practicing certificate to represent Dr. Kiiza Besigye and Haji Obeid Lutale in Makindye General Martial.
“This arbitrary decision undermines the spirit of regional integration as provided for under the Treaty for the Establishment of the East African Community and erodes gains made towards actualizing cross- border legal practice in the East African region.” Remarked Ramathan Abubakar (President East African Law Society) in his statement dated December 10th 2024.
He also noted that , Hon. Martha Karua is a highly respected and licensed Kenyan lawyer has met all the requirements including those specifically required for temporary admission to practice as an advocate in Uganda, but it is surprising that all that was neglected.
“Under Article 126 of the Treaty for the Establishment of the East African Community and Article 11 of the Protocol for the Establishment of an EAC Common Market, EAC Partner States have an undertaking to mutually recognize the academic and professional qualifications granted. Experience obtained requirements met and licenses or certifications granted in other EAC Partner States.”
Abubakar added that, this denial of a fundamental component to fair trial, as recognized in regional and international legal Instruments also sets a dangerous precedent that could undermine the independence of judicial bodies and tribunals in East Africa.
“It equally erodes public confidence in legally established institutions meant to serve citizens and is a blatant disregard of internationally recognized standards for engaging in cross-border litigation especially in Commonwealth Countries and under the IBA Standards for the independence of the Legal Profession.” He further added
Martha Karua, the former Minister of Justice of Kenyan Government was instructed by Rtd. Col Dr. Kiiza Besigye to be the lead counsel in the matter before Makindye General Court Martial, where he is being accused with Haji Obeid Lutale of unlawful possession of a fire arm.
In line with the laws governing Legal practice in the Uganda, Karua applied for a temporary practicing certificate from the Law Council of Uganda which declined to grant her request On grounds that application saying her practicing certificate, letter of good standing from Law Society of Kenya were not notarized.
This act has been condemned by a number of Legal practitioners both with in and outside Uganda, as well as Civil Society Organizations and Associations all over Africa and beyond.
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