KAMPALA, Uganda | The Uganda Law Society (ULS) has written to the Uganda Law Council condemning the rejection of Senior Counsel Martha Wangari Karua’s application for a temporary practicing certificate. The ULS argues that the decision undermines regional integration, access to justice, and professional standards within the East African Community (EAC).

On December 6, 2024, the Uganda Law Council denied Karua’s application to represent Dr. Kizza Besigye and Haji Obeid Lutale before the General Court Martial in Kampala. The Council cited the lack of a Mutual Recognition Agreement (MRA) between Kenya and Uganda and claimed Karua brought no special skills to the case. This reasoning has been widely criticized as unfair and contrary to principles of justice.

The ULS, in a letter dated December 23, 2024, criticized the Law Council for disregarding the accused’s constitutional right to choose their legal representation. The ULS also pointed out that the decision ignored Article 126 of the EAC Treaty, which calls for mutual recognition of professional qualifications.

According to the ULS, the Law Council’s actions violated principles of fairness and natural justice, as Karua was not given a chance to address concerns about her application. The ULS warned that such decisions harm public confidence in the legal profession.

The East Africa Law Society (EALS) and the Law Society of Kenya (LSK) also condemned the decision. The EALS described it as a setback for cross-border legal practice and regional integration. The LSK criticized Uganda’s lack of reciprocity, highlighting Kenya’s history of welcoming Ugandan lawyers.

Martha Karua, a Senior Counsel and former Minister of Justice in Kenya, submitted all necessary documents for her application, including a valid practicing certificate and support letters from the LSK and Lukwago & Co. Advocates in Uganda. Despite her qualifications, her application was denied.

The rejection has sparked broader concerns about the future of regional integration within the EAC. Article 8 of the EAC Treaty obligates member states to abstain from actions that undermine the objectives of the community, including free movement of services and professionals. By denying Karua the opportunity to practice in Uganda, critics argue that the Law Council has jeopardized these objectives.

The ULS and EALS have called on the Uganda Law Council to reverse its decision and adopt fair practices aligned with human rights and regional cooperation. They also urged the fast-tracking of a Mutual Recognition Agreement and other legal frameworks to facilitate cross-border legal practice.