Ssemakadde Breaks Ranks With Law Council Over Martha Karua Decision
Mr Ssemakadde urged Ms Karua to reapply through his office and promised to support her case, leveraging provisions under the IBA Standards and the Uganda Law Society Act to uphold her legal rights.
The Uganda Law Council's refusal to grant Kenyan lawyer and Senior Counsel Martha Wangari Karua a special practising certificate has sparked widespread condemnation.
The Uganda Law Society (ULS) president Isaac Ssemakadde criticised the decision as 'per incuriam' —a ruling made in error.
In a strongly worded press statement, Mr Ssemakadde faulted the Law Council for ignoring Article 19 of the International Bar Association (IBA) Standards for the Independence of the Legal Profession, which promotes cooperation in granting foreign lawyers the right to represent clients alongside local counterparts.
He emphasised that Ms Karua's qualifications as a Senior Counsel met all necessary standards.
Mr Ssemakadde revealed that he was excluded from the Law Council's special sitting on December 6, 2024, where Ms Karua's application was denied.
“Had I been present, I would have invoked Article 19 to highlight the Council's obligations under international law,” he said, accusing the Council of procedural irregularities and malicious intent.
He further described the ruling as undermining fairness, transparency, and the independence of Uganda's legal profession.
Mr Ssemakadde urged Ms Karua to reapply through his office and promised to support her case, leveraging provisions under the IBA Standards and the Uganda Law Society Act to uphold her legal rights.
The decision has stirred heated debate. Lawyer Eron Kiiza, part of Dr Kizza Besigye’s legal team, described the move as unconstitutional and politically motivated.
In a post on X (formerly Twitter), Kiiza argued that the denial violated Uganda's Constitution and international treaties, including the Treaty for the Establishment of the East African Community.
“The decision contradicts the Constitution and breaches Uganda’s international obligations under the African Charter on Human and Peoples' Rights,” Kiiza wrote.
Ms Karua also protested the decision in a letter to the Law Council, asserting that the outright rejection of her application violated Dr Besigye’s constitutional right to legal representation of his choice.
She argued that the Council could have sought additional documentation instead of dismissing her application.
As the controversy rages, Dr Besigye and his co-accused Obeid Lutale have arrived at the General Court Martial in Makindye.
The court is expected to deliver its ruling on the jurisdictional challenge raised by the defense team, amid mounting scrutiny of the legal proceedings.
This case has brought Uganda's adherence to international legal norms into sharp focus, with critics warning that the Law Council’s actions risk damaging the country's reputation for judicial independence and cross-border legal collaboration.