East African lawyers sue Uganda over Karua practising permit
Narc-Kenya party leader Martha Karua during an interview at Tribe Hotel in Nairobi on December 6, 2024.
The lobby for East African lawyers is suing Uganda for refusing to allow Kenya’s Martha Karua to represent beleaguered Ugandan opposition leader Kizza Besigye in the court martial.
The East African Law Society (EALS), the regional bar association, says in a petition before the East African Court of Justice that the move to deny Ms Karua a special practising certificate was inconsistent with the obligation to promote the harmonisation of the legal profession and cross-border legal practice under Article 126 of the East African Community Treaty.
The senior counsel had applied on December 6, for a special practising certificate to appear before the General court martial. But the application was declined by Uganda's Law Council, the authority that grants licences to lawyers to practice, citing section 18 of the Advocates Act.
The said section imposes restrictions on the temporary admission of the right to practice law in Uganda.
The EALS has named the Ugandan Attorney General as the main respondent and says in reference to the regional court that lawyers have been facing difficulties in their quest for cross-border legal practice.
The Regional Bar Association further faults partner states over the failure to conclude a mutual recognition agreement (MRA) on legal services for the harmonisation of the legal profession and cross-border legal practice.
"You are hereby required to file a response within 45 days from the day of service hereof. In default whereof, the reference will be heard and determined in your absence," said a notice by the Registrar of the court to Uganda's A-G.
Also named in the suit is the Secretary General of the EAC.
The EALS says it has filed the reference to enforce the principle of EAC regional integration, in particular, the professional legal service.
Court documents stated that the signing of the MRA represents a significant stride towards harmonising standards and facilitating the movement of services and labour across borders and serves as foundational pillars for realisation of a cohesive, dynamic Common Market with the EAC, in which there is free movement of professional services.
The EALS pointed out that the Secretary General has successfully negotiated for partner States to sign MRAs for other professions including accountancy, engineering, architecture and veterinary services.
"The delay in formalising the MRA as pertains to the legal profession is long overdue and the Secretary General ought to facilitate, negotiate and conclude the process," the EALS said.
The society said the restrictions on temporary admission are measures that jeopardise the achievement of free movement and services under Article 8(1) and (2) of the EAC Treaty.
In an affidavit in support of the case, Kenyan lawyer David Sigano said the provisions of Section 18 of the Uganda Advocates Act, which was relied upon by the Law Council was a restrictive legal regime.
"That a further reading of section 18 of the Uganda Advocates Act shows that a temporary admission of right to practice is restricted to countries with a common law system and this effectively bars licensed advocates from 5 of the eight partner states of the East African Community," he said.
