The Uganda Law Council has unanimously reversed its earlier decision and granted Kenyan lawyer Martha Karua a temporary practicing certificate. This decision allows Karua to represent Dr. Kizza Besigye and Hajji Obeid Lutale in the General Court Martial tomorrow.
The council had previously denied Karua’s application last month, citing incomplete documentation and political concerns. However, Karua, with the support of the Uganda Law Society (ULS) led by Isaac Ssemakadde, appealed the decision. This led to the council, chaired by Court of Appeal Justice Irene Mulyagonja, voting to issue the certificate.
Speaking after a two-hour closed-door meeting, ULS President Ssemakadde confirmed that the remaining steps involve obtaining the certificate and filing it with the General Court Martial. He commended the council’s decision as a testament to institutional progress but warned against bureaucratic delays. “If the certificate is not issued by 4 p.m. today, we will push back,” Ssemakadde cautioned. He highlighted the urgency of leveraging e-government laws to ensure prompt communication of the decision.
The council’s earlier decision, made on December 6, 2024, declined Karua’s application, citing her alleged non-compliance with the amended Advocates Act, Chapter 295, and questioning her motives as politically driven. Karua sought the license to represent Besigye and Lutale, arrested in Kenya on November 16, 2024, and brought to Uganda for trial.
The rejection drew criticism from the Law Society of Kenya, which threatened reciprocal measures against Ugandan advocates. The Uganda Law Society supported Karua, emphasizing regional cooperation within the East African Community. Besigye and Lutale remain in detention at Luzira Prison. Their lawyers had previously stated they would not proceed with the trial in Karua’s absence unless instructed otherwise by their clients. Both have challenged their trial in the General Court Martial, questioning its jurisdiction over civilians.
The matter also ties to a pending Supreme Court judgment on the legality of trying civilians in military courts. This follows a Constitutional Court ruling that nullified such trials, which the Attorney General has appealed. The case, involving former MP Michael Kabaziguruka’s petition, awaits a decision from a seven-judge Supreme Court panel.
Separately, Besigye and three other human rights defenders have challenged their arrest and trial at the East African Court of Justice, seeking $100,000 in compensation for what they term an illegal cross-border arrest and detention. Dr. Besigye is no stranger to the General Court Martial. In 2006, he faced treason, rape, and concealment of treason charges, all of which were dismissed.
Since declaring his presidential ambitions, he has faced numerous charges across the country but has yet to be convicted. Besigye has consistently accused the government of politically motivated persecution. His next court appearance is scheduled for tomorrow, January 7, 2025, before the General Court Martial.
