The Law Society of Kenya (LSK) Tuesday threatened to suspend all Ugandan lawyers operating in their country, following a decision by the Uganda Law Council to deny Martha Karua, a temporary practicing licence.
Karua failed for the second time to represent her clients Dr Kizza Besigye and Obeid Lutale, who were abducted in Nairobi, Kenya, on November 16.
The two arraigned before the General Court Martial on November 20, charged with unlawful possession of firearms, remanded to Luzira until December 2 when they reappeared and were remanded again. They reappeared Tuesday and were further remanded until January 7, 2025.
LSK president, in a December 10 statement, not only condemned the actions of the council but also threatened to take drastic decisions, which she said would be regrettable but aimed at keeping the integrity of legal practice in Kenya.
“To protect the integrity of legal practice in Kenya, the LSK is actively considering, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such a time as reciprocal arrangements are appreciated and implemented. This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” reads the statement signed by Faith Odhiambo.
“We express our unqualified disenchantment with the derogatory, contemptuous, and high-handed decision taken by the law council of Uganda… 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.”
Karua, who applied for the license on November 25, following her appointment as the lead counsel of the 50-member legal team, was on December 6 notified by the council secretary, Margaret Nabakooza, that the special council meeting did not consider her application over various reasons, including her application lacking notarised copies of her current practising certificate; letter of good standing from the Law Society of Kenya; nationality documents; academic qualifications, and was not accompanied by Lukwago’s valid practising certificate as required by law.
Ms Nabakooza further said the council observed that Karua was a potential witness in the case she was intending to represent, lacked any new skill she would bring to the case which the more than 30 Ugandan advocates already on the case lacked, questioned her professionalism after she attended the December 2 court session without a license, as well stormed the Chief Justice’s chamber on December 3 unannounced, causing what they described as unnecessary fracas.
“For the reasons above, your application for a Special Practicing Certificate is denied. The purpose of this letter is to inform you of the council’s decision,” reads the letter.
Odhiambo said the Council’s decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, the manner in which it was communicated and the reasons given thereof are ludicrous and distasteful.
The regional cooperation in legal practice in Kenya has been fostering and encouraging by increasingly allowing the integration of counsels from neighbouring countries, especially Uganda into Kenyan practice, which Odhiambo said has been abused by the Uganda Law Council.
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