The Uganda Law Council (ULC) has called for a special meeting next week on Monday to consider the application for a temporary practising certificate for senior Kenyan advocate Martha Karua.

This comes after Karua resubmitted her application on December 23, 2024, accompanied by a communication from the Uganda Law Society (ULS) expressing grave concerns about the council’s earlier decision to deny her initial application on December 6, 2024.

If her application is successful, Karua will be able to lead the defence team for Dr Kizza Besigye and Hajji Obeid Lutale at the General Court Martial the following day on January 7, 2025, when the case in which the duo is accused of illegal possession of ammunition and firearms returns to court for mention. 

According to ULS president Isaac Ssemakadde who is also a member of the council, this is a crucial opportunity for the council to re-examine its approach to requests for cross-border legal practice, and demonstrate true transparency and fairness.

ULC had previously declined to grant a practising license to Karua, citing non-compliance with the amended Advocates Act, Chapter 295. The council also questioned Karua’s motivation, suggesting that her participation in the case was politically driven rather than professional.

Karua had applied for the license to represent Besigye and Lutaale who were arrested from Kenya on November 16, 2024, and brought to Uganda for trial by both Kenyan and Ugandan security forces.

However, the  Uganda Law Council’s decision was met with criticism from the Law Society of Kenya, which threatened to suspend the admission of advocates from Uganda in retaliation.

The Uganda Law Society has since expressed its support for Karua’s application, emphasizing the need for cooperation and reciprocity in the legal profession within the East African Community. 

Besigye and Lutaale have been on remand at Luzira Prison since their arrest. Besigye’s lawyers previously indicated that they were not ready to proceed in the Court Martial in the absence of his lead counsel Karua.

In May 2024,  the Supreme court promised to deliver its judgement on notice arising from the case in which the Attorney General appealed against the Constitutional court decision that nullified the trial of civilians in the Court Martial on notice.

The case arising from former MP Michael Kabaziguruka’s petition is pending judgment before the Supreme court. But nine months after the adjournment, the Supreme court is yet to deliver its decision, an issue that has paved the way for continued trial of the civilians in the military court.

Besigye and three other human rights defenders including lawyers; Andrew Karamagi, Anthony Odur and Godwin Toko have since challenged the trial in the East African Court of Justice where they also seek a compensation of $100,000 (about Shs 360 million) for what they describe as illegal arrest from Kenya and subsequent illegal trial.

This is not the first time Besigye has been arraigned before the Court Martial. He was in 2006 charged with treason, rape and concealment of treason, but the charges were however dismissed over lack of evidence.

The prosecutors have since his declaration for presidency arraigned Besigye in several courts of law across the country on many charges but no conviction has ever been obtained against him. He has always accused the state of what he describes as political persecution rather than prosecution.