Ssemakadde criticises initial rejection of Karua’s application, hails reversal as a victory for legal standards
The president of the Uganda Law Society (ULS), Isaac Ssemakadde, has criticised the Uganda Law Council’s initial rejection of Kenyan lawyer Martha Karua’s application for a temporary practicing certificate, attributing the eventual approval to mounting global pressure.
The Council reversed its earlier decision, granting Karua the certificate to represent Dr. Kizza Besigye and Hajj Obeid Lutaale at the General Court Martial on January 7, 2025.
Keep Reading
The decision followed widespread criticism and advocacy from legal professionals both locally and internationally.
Besigye and Lutaale were abducted in Nairobi, Kenya, in November 2024, and returned to Uganda to face charges related to national security and the alleged illegal possession of firearms and ammunition.
Ssemakadde described the reversal as a triumph for international legal standards.
“The government of Uganda has realised that such decisions have real-life consequences. The legal profession is guided by UN principles and International Bar Standards (IBS) on the independence of the legal profession,” he said.
He further emphasised Uganda’s legal framework, specifically Section 18 of the Advocates Act, which allows foreign lawyers to practice in Uganda under specified conditions.
Ssemakadde urged continued adherence to international legal principles to safeguard fairness and Uganda’s global reputation.
The Law Council convened a special meeting on December 23, 2024, after Karua resubmitted her application, supported by a statement from ULS expressing grave concerns over the Council’s initial rejection on December 6, 2024.
The earlier rejection cited non-compliance with the amended Advocates Act and questioned Karua’s motives as politically driven.
The decision sparked backlash from the Law Society of Kenya, which threatened to suspend reciprocal admission of Ugandan advocates. ULS supported Karua’s application, emphasising the importance of cooperation within the East African Community’s legal profession.
Besigye and Lutaale have been in detention at Luzira Prison since their November 2024 arrest, which they allege involved illegal collaboration between Kenyan and Ugandan security forces.
Their lawyers previously refused to proceed in the Court Martial without Karua, challenging the trial of civilians in military courts.
A related case concerning the legality of trying civilians in military courts, initiated by former MP Michael Kabaziguruka, remains pending judgment in Uganda’s Supreme Court. The court has delayed its decision for over nine months, prolonging debates on the matter.
Additionally, Besigye and other human rights defenders, including lawyers Andrew Karamagi, Anthony Odur, and Godwin Toko, have filed a case with the East African Court of Justice. They seek $100,000 (Shs 360 million) in compensation for their alleged illegal arrest in Kenya and subsequent trial in Uganda.
This is not the first time Besigye has faced the General Court Martial. In 2006, he was charged with treason, rape, and concealment of treason, but the charges were dismissed.
Since his presidential ambitions began, prosecutors have repeatedly arraigned him in courts across Uganda, though no convictions have been secured. Besigye has consistently accused the state of political persecution rather than genuine prosecution.
