KAMPALA — The decision by the Uganda Law Council rejecting the application of Hon. Martha Karua SC to obtain a temporary practicing law licence is regrettable, absurd and undermines the EAC goal of facilitating the free movement of professionals including lawyers across member states and the progress made by EAC in the integration process.
This decision contradicts the spirit of regional integration and cooperation, which is a cornerstone of the EAC, it hinders collaboration and knowledge sharing and violates EAC treaties and protocols including the Mutual Recognition Agreement (MRA) that emphasises regional cooperation, this decision contradicts these commitments.
It also puts in jeopardy the ability of Ugandan lawyers to practice abroad as the inevitable retaliation will follow.
The decision signals a more protectionist approach, hindering market access for regional lawyers in Uganda and potentially affects crossborder business.
This decision creates uncertainty and inconsistency in the application of regional and international laws, making it challenging to navigate the regulatory landscape.
As a practitioner in both countries, this decision potentially limits the ability of crossborder practitioners to serve and collaborate with professional colleagues across the globe.
It violates Article 6 of the international covenant of economic social and cultural rights (ICESCR), which includes the right to practice one’s profession.
It violates Article 19 of the Continental Free Trade Area (AfCFTA) Agreement, which promotes the free movement of professionals, including lawyers.
Violates Article 104 of the EAC Treaty, which promotes the free movement of persons, goods, and services within the region. It violates Article 6 of the IBA code of Ethics which promotes equality and non – discrimination and respect for the rights of others and violates IBA guidelines on the free movement of lawyers and damages Uganda’s international reputation within the global community.
It undermines Article 7(1)c of the African charter of the human and people’s rights that provides for representation of accused persons by counsel of their choice.
It undermines and violates the principle of non arbitrariness, which requires that administrative decisions be reasonable, proportionate, and not discriminatory.
It Undermines the African Bar Association’s (AfBA’s) goal of promoting regional and international cooperation amongst African countries as it restricts the free movement of professionals across Africa which potentially isolates Uganda from the regional processes and creates barriers to collaboration.
This decision undermines trust in regional institutions and the rule of law
The decision reveals double standards as some are allowed to practice while others are denied, and it highlights the lack of reciprocity in allowing lawyers from neighbouring countries to practice in Uganda despite Kenya’s openness to Ugandan lawyers. This, in essence, may strain relationships between the two countries. It is thus absurd and regrettable.
I applaud the Uganda Law Society (ULS), the Law Society of Kenya (LSK), and the East Africa Law Society (EALS) for condemning this decision as it threatens the very essence of our Integration story as a region & continent.
As such the EAC should consider harmonising laws and regulations governing the legal profession ensuring mutual recognition of qualifications and licences by establishing a regional accreditation body to verify the qualifications and credentials of lawyers, facilitating their movement and practice across EAC member states.
EAC member states should engage in dialogue to reaffirm the commitment to regional integration, which will restore confidence in institutions.
As a practicing advocate in both countries, I stand in solidarity with Hon. Martha Karua SC and the legal profession, advocating for regional interest and the rule of law.
I urge the ULC to reconsider Hon. Martha Karua SC’s application and reverse its decision for the greater good.
Jumuiya Afrika Mashariki!
The writer, Phiona Rwandarugali is a cross border legal practitioner, an Advocate of the High Court of Uganda, an Advocate of the High Court of Kenya, an Advocate of the East Africa Court of Justice, a member of the Law Society of Kenya, member of the Uganda Law Society, East African Law Society and the African Bar Association.
11 th December, 2024
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