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Kenyan bar threatens retaliation over Martha Karua licence denial in Uganda
Lawyers for opposition leader Kizza Besigye led by Kenyan counsel Martha Karua and Kampala Lord Mayor Erias Lukwago gather outside the General Court Martial in Makindye, Uganda on December 2, 2024.
What you need to know:
- The EAC Treaty envisages a situation where professionals such as lawyers, doctors or engineers could provide services across the borders, as part of the implementation of the pillar on free movement of goods, services and people. Of course, local accreditation is needed for those professionals to practise in members states.
Uganda’s decision to deny Kenyan veteran lawyer Martha Karua a practising certificate could elicit retaliatory response in the region, against the tenets of the East African Community Treaty and Common Market Protocol.
The EAC Treaty envisages a situation where professionals such as lawyers, doctors or engineers could provide services across the borders, as part of the implementation of the pillar on free movement of goods, services and people. Of course, local accreditation is needed for those professionals to practise in members states.
Kampala’s move to deny Karua a licence to represent Ugandan opposition leader Kizza Besigye at the court martial in Kampala has sparked debate with many saying it is against the Treaty.
The Law Council of Uganda declined to give the Kenyan opposition leader accreditation, arguing that she was coming with political motive. Ms Karua has rejected the argument, saying it violated Besigye’s legal right to choose a lawyer.
The East African Law Society condemned the decision by the Law Council of Uganda, which they said is contrary to the Common Market Protocol on mutual recognition of professional and academic qualifications in the EAC. It brings into sharp focus the goodwill by EAC partner states to fully implement the Common Market.
The Law Society of Kenya has threatened to bar Ugandan lawyers from practising in Kenya in retaliation.
LSK president Faith Odhiambo, in a statement on Tuesday, termed the move as “derogatory, contemptuous, and highhanded.”
“This decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar, but the manner in which it was communicated and the reasons given thereof are ludicrous and distasteful,” she said.
“It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less, a reputable and longstanding member of the Senior Counsel Bar.”
She announced plans to engage Kenya’s Attorney General Dorcas Oduor, to address the matter, mulling the suspension of Ugandan lawyers’ admission to the Kenyan bar until reciprocal arrangements are firmly established.
“While regrettable, such measures may be necessary to protect the dignity and integrity of Kenyan legal practitioners,” she said.
Ms Odhiambo, while arguing Kenyans were open to integrating professions, observed that many Ugandan lawyers have historically been allowed to practise in Kenya, and called for reciprocity.
“Kenya has always welcomed advocates from neighbouring countries, including Uganda, to practice law within our jurisdiction. We expect the same courtesy and reciprocity,” she said.
“Under Article 126 of the Treaty for the Establishment of the East African Community and Article 11 of the Protocol for the Establishment of an EAC Common Market, EAC partner states have an undertaking to mutually recognize the academic and professional qualifications granted, experience obtained, requirements met and licenses or certifications granted in other EAC Partner States,” said EALS president Ramadhan Abubakar.
“Martha Karua, a highly respected and licensed Kenyan lawyer, has met all the requirements, including those specifically required for temporary admission to practice as an advocate in Uganda (See Section 18 of the Advocates Act, Uganda),” he said.
“In full compliance with the Treaty for the Establishment of the EAC the Common Market Protocol and all applicable laws, we will take decisive and necessary action, including instituting proceedings at the regional court if need be. This is not merely a statement of intent but a solemn obligation to defend the core principles that sustain our region and profession.”
The EALS said the move is a denial of a fundamental component to fair trial, as recognised in regional and international legal instruments and also sets a dangerous precedent that could undermine the independence of judicial bodies and tribunals in East Africa.
But for Kenya, retaliation may not be easy. Nairobi, which domesticated the EAC Treaty, has granted mutual legal recognition to countries that share the common law jurisdiction, such as Tanzania and Uganda. It did, however, bar Burundian and Rwandan lawyers from practising in Kenya, arguing theirs is from a French legal background, at variance with the Common Law.
Nonetheless, lawyers reacting to Karua’s woes cite political interference in the Law Council, arguing that it cannot guarantee fairness.
“It equally erodes public confidence in legally established institutions meant to serve citizens and is a blatant disregard of internationally recognised standards for engaging in cross- border litigation especially in Commonwealth Countries and under the IBA Standards for the Independence of the Legal Profession (Article 19) as well as UN Basic Principles on the Role of Lawyers,” Mr Abubakar said.
