The Law Society of Kenya (LSK) has issued a sharp rebuke of the Law Council of Uganda’s recent decision to reject Hon. Martha Karua’s application for a temporary practicing certificate to represent Dr. Kizza Besigye and Obeid Lutale before the General Court Martial in Kampala. The decision, communicated through a letter dated December 6, 2024, has sparked outrage within Kenya’s legal fraternity and prompted the LSK to threaten retaliatory measures.
In its statement, the LSK described the Law Council of Uganda’s actions as “derogatory, contemptuous, and high-handed,” accusing the council of disrespecting one of Kenya’s most distinguished Senior Counsel members. The rejection has been criticized as not only undermining regional legal cooperation but also tarnishing the spirit of professionalism and mutual respect between the two countries.
The LSK highlighted its disappointment in Uganda’s apparent unwillingness to reciprocate Kenya’s long-standing efforts to promote regional legal integration. Over the years, Kenya has actively facilitated the admission of non-Kenyan advocates to its bar, fostering knowledge exchange and raising the standards of legal education and practice within East Africa.
Faith Odhiambo, the President of the LSK, expressed frustration at Uganda’s rigid approach. “Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries,” Odhiambo remarked. She condemned Uganda’s lack of commitment to the Mutual Recognition Agreement (MRA) between the two countries, describing the stance as deliberate and disrespectful.
In light of these developments, the LSK has resolved to engage Kenya’s Attorney General to address the ongoing impasse. The society called for a formal and equitable agreement that ensures reciprocal treatment of legal practitioners in both nations. Should this effort fail, the LSK warned of taking decisive action to protect the dignity and integrity of Kenyan legal practice.
Among the measures under consideration is the suspension of Ugandan advocates from being admitted to practice law in Kenya. “While such a move would be regrettable, it is necessary to uphold the dignity of Kenyan legal practice,” Odhiambo asserted.
The LSK also emphasized that Kenya’s goodwill and openness to regional legal cooperation cannot be sustained in the absence of mutual respect. “We must either find a symbiotic, reciprocal, and formal engagement that promotes the interests of all parties or preserve the dignity of the Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal and disingenuity,” the statement added.
Despite its frustrations, the LSK reaffirmed its commitment to fostering regional legal cooperation and improving standards across East Africa. However, the society insisted that these efforts must be rooted in mutual respect and fairness. “We remain resolute in our commitment to upholding the interests of our members and ensuring that the principles of mutual respect underpin regional legal cooperation,” the statement concluded.
This incident has reignited discussions about the challenges of cross-border legal practice within East Africa. The rejection of Hon. Martha Karua’s application not only highlights existing barriers but also risks straining the professional relationship between the Kenyan and Ugandan legal communities.
As tensions rise, stakeholders will be watching closely to see whether meaningful reforms can be implemented to resolve the standoff. The outcome of this dispute could set a significant precedent for the future of regional legal integration in East Africa.