Lord Mayor Erias Lukwago , Counsel Martha wangari Karua and Counsel Mangaruth Nangorocia from Angola
By George Bukenya
Uganda’s Law Council has denied Rt. Col. Dr. Kiiza Besigye’s lead council Martha Wangari Karua a temporary practicing Certificate required for her to represent her clients in the criminal case being tried in the General Court martial.
In a document issued to her by the Council’s Secretary Nabakooza. K. Margret, the law council cited out seven (7) that were based on for the refusal to give Karua a temporary certificate which include among others:
Law council stated that the application wasn’t brought under the current Advocates Act, that it also didn’t have attached current Practicing Certificate, letter of good standing from Kenya’s Law Society, nationality documents and academic qualification.
The council also stated that the Karua’s application was also not accompanied by Mr. Erias Lukwago’s valid Practicing Certificate as required by law, the use of Kampala Capital City Authority (KCCA) email by still Erias Lukwago which is a public resource, to execute professional and political work was un acceptable, that even the specific particulars of the case for which the applicant (Karua) was invited for were not mentioned.
The document whose copy has been received by this website reads in parts, the power to admit a lawyer to practice temporarily in Uganda under section 18(1) of the Advocates Act is discretionary, not mandatory, Uganda is not yet party to the Mutual Recognition Agreement(MRA) to allow the free movement of legal practitioners to practice in courts between Kenya and Uganda.
Karua a leader of a team of 50 advocates was hired by Dr. Besigye to represent him as lead council in the case were he is co-accused with Obeid Lutale Kamulegeya by Uganda government for allegedly possessing unlawfully, firearms and ammunitions, two pistols while in a hotel in Nairobi, Kenya’s Capital City.
However, Karua while addressing reporters in a press briefing held at Lord Mayor’s Palour on the Law Council Document said that, the Law council would have asked for additional document, on the issue whether I bring any special skill was supposed to be asked by Dr. Besigye.
“ Law Council Stated that my Nationality and academic documents were not attached and Mr. Lukwago didn’t also issue a letter indicating that I am attached to his law chamber doesn’t warrant throwing out my application, they should have asked me to present them,’’ Ms Karua reasoned.
She further said that an attack by Law Council on her character and integrity undermines the spirit of East African Treaty and doesn’t agar well.
“ President of Uganda Gen. Museveni being a staunch advocate of East African Union (Jumuiya) and its now Uganda treating in un expected manner a jurist and a senior counsel. I also expected Law Council to use its discretion to determine whether to grant the license but not being politically influence.
The allegations made in the document according to Karua are baseless and go against the laws of Uganda and the East African Treaty.
Lukwago the owner of Lukwago and Company Advocates said the he issued a letter showing that Karua is attached to his law firm and the Law Council’s allegations are unfounded.
He also re-affirmed that Ms. Martha Karua remains the Lead Counsel to the accused although she has been denied a practicing license. The case will resume on Tuesday 10, 2024 at Makindye based General Court Martial.
Meanwhile another senior counsel Mangaruth Nangorocia from Angola has also joined the legal team that will represent Besigye and his co-accused.