By Kato Jamil
Narc Kenya Party Leader Martha Karua on Monday morning failed to represent besieged opposition leader Kizza Besigye over a practising certificate hitch something that saw the General Court Martial in Makindye adjourn proceedings to December 10, 2024, and remanded the accused back to Luzira.
Karua, who landed in Kampala over the weekend to lead a battery of lawyers to defend Besigye had to sit in court with the hope that she would get the clearance to represent her client.
“On the issue of my special practicing certificate, I have been able to speak to Justice Irene Mulyagonja on the telephone and they have said they are looking into the matter because the case is going on. We remain hopeful,” said Karua.
Earlier on, a delegation of Besigye’s defense lawyers, led by Lord Mayor Erias Lukwago, stormed the offices of the Uganda Law Council this morning to seek an update on the application for the Temporary Practicing Certificate of his new lead lawyer, Karua, who was supposed to lead the 50-member team of lawyers as Besigye returns to the General Court Martial.
Besigye and Obeid Lutale were arrested in Nairobi on November 16 and later charged at the Military Court for unlawful possession of firearms.
The accused were abducted by Uganda’s security services on November 16 in Nairobi, where they had traveled to attend the book launch by Martha Karua.
Four days later, the two appeared in the General Court Martial in Kampala, where they were charged with four counts relating to security, illegal possession of two pistols, and illegal possession of eight rounds of ammunition.
Last week on Monday, then Besigye’s lawyer Lukwago, announced that Karua would take over from him as the lead counsel.
Karua has described Besigye as a comrade, adding that she is in solidarity with him. “He is a comrade in politics trying to get our country right. So, I invited him to attend my book launch; he promised he would, and I got the indication that he had arrived, but he was a no-show. Afterwards, we were to learn that he had been abducted. So, I am here in solidarity,” she said.
Law Requirements
Karua is not a Ugandan citizen. To represent Besigye, she will have to fulfil all the necessary requirements as laid down in the law.
According to Section 18 of the Advocates Act, foreign lawyers wishing to practice law in Uganda must be from a Commonwealth country, obtain a temporary practising certificate, and be affiliated with a local Ugandan law firm.
Karua meets the first requirement outright because Kenya is a Commonwealth country. On the second requirement, the law requires the person (lawyer) to apply with the law council, and subsequently, the chief registrar issues the temporary practising certificate.
Karua said she has applied for a special practice certificate with the Uganda Law Council, which she is optimistic will be issued to her tomorrow before she heads to court.
“The Law Society of Kenya wrote a support letter to confirm that indeed, I am an advocate of the High Court of Kenya with the rank of senior counsel and holding a valid, current practising certificate, which are the prerequisites of being licensed in Uganda. My letter is very clear; I am not asking to be a general practitioner in Uganda. I am asking for a special license specifically for Dr. Besigye and Lutale,” she added.
On the third requirement, Karua will be attached to Lukwago’s law firm, Lukwago and Company Advocates.
Karua said that the case is not new to her because following Besigye’s abduction, she condemned and challenged the government of Kenya to explain how another country violated Kenya’s sovereignty by entering the country and abducting foreign citizens.
“We issued a statement condemning the abduction, which is a violation of the constitution of Kenya, the constitution of Uganda, and regional and international instruments.”
Karua said she is ready to face the General Court Martial. “I have been having a conversation with my colleague (Lukwago) here; we are ready. This case has drawn a lot of interest both within East Africa and larger Africa and the international community.”
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