Narc Kenya party leader Martha Karua. Inset is Ugandan opposition leader Kizza Besigye.
President Yoweri Museveni’s government has been linked to the Uganda Law Council’s decision to deny Narc Kenya leader Martha Karua a temporary practising certificate to represent Kizza Besigye at the military court in Kampala.
In a letter to Ms Karua dated December 6, the secretary of the council, Margaret Navakooza, outlined the reasons for declining Mr Karua’s application dated November 25.
“In this particular case, you wish to appear before the General Court Martial in a case that is considered controversial by two states in the East African Community (EAC): Uganda and Kenya. Political tensions are evident from the application and the stance you took upon arrival in Uganda,” Ms Navakooza said in her letter.
She went on to claim that Ms Karua’s intention in the matter was not professional.
“It has been observed from the application that the intention of bringing you on board is not purely professional, it is definitely tinged with a political agenda.”
The council also cited Ms Karua as a potential witness in the matter involving Dr Besigye and his associate Obeid Lutale.
Book launch
“Information in the public domain indicates that the proposed client, Dr Besigye, was invited by you to Kenya to attend your book launch and it was while he was in Kenya for that purpose that he was brought back to Uganda and charged,” the letter reads.
While dismissing Ms Karua's application on a technicality, Ms Navakooza said: “The application was not filed under the current Advocates Act, Cap. 295, indicating that you were not advised by the Advocate who invited you that there was a reprint of the Act.”
The application, Ms Navakooza, said, “lacked notarised copies of Ms Karua’s current practising certificate, letter of good standing from the Law Society of Kenya, nationality documents and academic qualifications”.
While Ms Karua had been invited by Dr Besigye’s lawyer Erias Lukwago with the blessing of Dr Besigye's family to act as lead counsel in the matter, Ms Navakooza said the Narc Kenya leader’s application also lacked Mr Lukwago’s “valid practising certificate as required by law”.
In her response on December 9, Ms Karua took issue with the council’s decision, saying the move undermined the spirit of the East African Community.
“You state that copies of my practising certificate, letter of good standing from the Kenya Law Society were not authenticated, and further that my nationality documents and academic documents and academic qualifications were not attached to my application as well as Mr Lukwago’s practising certificate. Instead of using these as reasons to reject my application, one would expect the Law Council to have asked for any additional documents it wanted,” Ms Karua observed.
Mr Lukwago, she noted, is a well-known figure not only as the Lord Mayor of Kampala City, but also as a practising lawyer who runs a law firm.
Special skills
“On the question of whether I bring any special skills to the table, with all due respect to your good selves, it is Dr Besigye’s constitutional right to appoint a lawyer(s) of his choice, including a lead counsel of his choice,” she said. Ms Karua also accused the council of attacking her.
Dr Besigye and Mr Lutale were abducted in Nairobi on November 16 and driven to Uganda where they are facing charges at the General Court Martial in Kampala.
“This kind of behaviour violates the Kenyan constitution, the Ugandan constitution, the East African Treaty, the rule of law and all international human rights laws. If Uganda had any case against Dr Besigye and his colleague Mr Lutale, they should have started extradition proceedings,” Ms Karua said.
She said that President Museveni has not annexed Kenya and therefore his military or security agents cannot operate on Kenyan soil.
"It is an unholy alliance he has with the brutal (President William) Ruto regime," she charged.
Kenya had earlier said it wasn’t initially involved in the abduction before Ugandan officials said it got support from Nairobi to bring Besigye back to Kampala. Both countries share a mutual legal assistance programme but it often demands that deportations or renditions of suspects follow the law.
The Law Council cited legal and political reasons to decline Karua’s application.
“The application was not filed under the current Advocates Act, Cap 295, indicating that you were not advised by the Advocate who invited you that there was a reprint of the Act.”
