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The Uganda Law Society (ULS) has condemned a move by the country’s Law Council that denied Martha Karua a practising license that would have allowed her to defend opposition leader Kizza Besigye.

The Kenyan Senior Counsel had requested to be given a temporary license, but the prayer was denied, which the Law Society has opposed. Karua wanted to be part of Besigye‘s legal team in the proceedings at the General Court Martial.

“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.

“The existence of the Law Council in its current form undermines the independence of the legal profession. Based on two key reference instruments—the UN Basic Principles on the Role of Lawyers and IBA Standards for the Independence of the Legal Profession—I shall continue to advocate for the abolition of the Law Council and other necessary reforms to ensure the independence of the legal profession,” he concluded.