LSK condemns Uganda’s Law Council for denying Martha Karua temporary practising license

The Law Society of Kenya (LSK) has condemned the Law Council of Uganda for denying Martha Karua a temporary practising licence to represent opposition leader Kizza Besigye at the General Court Martial.

In a statement on Tuesday, December 10, 2024, LSK President Faith Odhiambo termed the move by the Law Council of Uganda as “derogatory, contemptuous, and highhanded”.

“The Law Society of Kenya has taken note of the letter dated 6th December 2024, from the Law Council of Uganda to Hon. Martha Wangari Karua, SC, rejecting her application for a temporary practising certificate to represent Dr Kiiza Besigye and Obeid Lutale before the General Court Martial in Kampala.We express our unqualified disenchantment with the derogatory, contemptuous, and high- handed decision taken by the Law Council of Uganda. This decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, but the manner in which it was communicated and the reasons given thereof are ludicrous and distasteful. It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less, a reputable and long-standing member of the Senior Counsel Bar,” Odhiambo stated.

Karua had requested to be given a temporary license to be part of Besigye‘s legal team in the proceedings at the General Court Martial but the prayer was denied.

“The Law Society of Kenya joins issue with the decision in toto and asserts its unreserved support for Hon. Martha Karua, SC. Kenya has been a leader in encouraging and fostering regional cooperation in legal practice and has increasingly allowed the integration of counsel from neighbouring countries into Kenyan practice. This position has been well-intentioned to enhance the exchange of legal knowledge and improve standards of legal education and practice across the region,” Odhiambo added.

“On its part, the Law Society of Kenya has been a frontline ally in easing cross-border practice restrictions within Kenya, and has served all non-Kenyan Advocates of the High Court of Kenya with equity and due respect. We note that a majority of these members, incidentally, are from Uganda.”

Odhiambo says despite Kenya allowing lawyers from neighbouring countries to practise in the country, the same has not been reciprocated by her neighbours with Kenyan lawyers facing unreasonable constraints in their quest to practise in the neighbouring countries.

“However, this goodwill and good faith extended to the region has met no reciprocity or acknowledgement whatsoever. As things stand, Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighbouring countries. If the response by the Law Council of Uganda is anything to go by, the prevailing hard stance and lack of compromise to promote the Mutual Recognition Agreement between Kenya and Uganda is not only deliberate, it is also a matter the Council appears to pride over,” she added.

“Cognizant of our mandate under the Law Society of Kenya Act to protect legal practice in Kenya, it can no longer be acceptable or commonplace that we take outright disrespect lying down. Accordingly, LSK will be engaging the Attorney General immediately to bring the overdue impasse over the cross-border practice to a conclusive end. We must either find a symbiotic, reciprocal and formal engagement that promotes the interests of all parties or preserve the dignity of the Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal and disingenuity.”

Odhiambo says the Law Society of Kenya is actively considering, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such time as reciprocal arrangements are appreciated and implemented.

“This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” she added.

Earlier on, the Uganda Law Society (ULS) condemned the move by the country’s Law Council that denied Martha Karua a practising license.

“The decision of the Uganda Law Council dated 6th December 2024 denying the application for a special practicing certificate by Kenyan Advocate Martha Wangari Karua (Senior Counsel) is per incuriam. The Law Council disregarded Article 19 of the IBA Standards for the Independence of the Legal Profession, which states: ‘Where a person involved in litigation wishes to engage a lawyer from another country to act with a local lawyer, the appropriate association of lawyers shall cooperate in assisting a foreign lawyer to obtain the necessary right of audience, provided that he or she has the qualifications and fulfills the conditions required to obtain that right,’” ULS argued.

Reapplication

Isaac Ssemakadde, the ULS president, has urged Karua to reapply for the license as he is ready to fight and ensure she gets the license.

“However, all hope is not lost. The Uganda Law Society is empowered to fight for Ms. Karua’s right to an audience. See Sections 3(c) and 3(d) of the Uganda Law Society Act, Cap. 305. I urge Ms. Karua, SC, to reapply through my office, invoking the IBA Standards for the Independence of the Legal Profession. I am committed to supporting her professional right to practice law in Uganda without discrimination as to origin or political opinion,” Ssemakadde said.

Ssemakadde also argued that the establishment of the Law Council, as it is currently constituted, is illegal as it undermines the independence of the legal profession.