Martha Karua officaly starts Besigye court battle

KAMPALA – Prominent Kenyan lawyer Martha Karua officially starts an uphill task to represent Dr Kizza Besigye and Hajj Obeid Lutale before the General Court Martial on Tuesday, January 7th 2025. The Uganda Law Council has reversed its earlier decision, granting a temporary practising certificate to the advocate to represent the two accused.

Besigye and Lutale expected in court today, who were abducted from Nairobi in November and forcibly returned to Uganda, face charges of unlawful possession of firearms and ammunition.

The case has drawn international attention, with the manner of their arrest and rendition sparking outcry from rights groups.

Last year, the Law Council rejected Karua’s application for a temporary practicing certificate, citing procedural grounds.

The council denied Karua’s application last month, citing incomplete documentation and political concerns. However, Karua appealed the decision with the support of the Uganda Law Society (ULS) led by Isaac Ssemakadde. This led to the council, chaired by Court of Appeal Justice Irene Mulyagonja, voting to issue the certificate.

Speaking after a two-hour closed-door meeting, ULS President Ssemakadde confirmed that the remaining steps involve obtaining the certificate and filing it with the General Court Martial. He commended the council’s decision as a testament to institutional progress but warned against bureaucratic delays. “If the certificate is not issued by 4 p.m. today, we will push back,” Ssemakadde cautioned. He highlighted the urgency of leveraging e-government laws to ensure prompt communication of the decision.

The council’s earlier decision, made on December 6, 2024, declined Karua’s application, citing her alleged non-compliance with the amended Advocates Act, Chapter 295, and questioning her motives as politically driven. Karua sought the license to represent Besigye and Lutale, arrested in Kenya on November 16, 2024, and brought to Uganda for trial.

The rejection drew criticism from the Law Society of Kenya, which threatened reciprocal measures against Ugandan advocates. The Uganda Law Society supported Karua, emphasizing regional cooperation within the East African Community. Besigye and Lutale remain in detention at Luzira Prison. Their lawyers had previously stated they would not proceed with the trial in Karua’s absence unless instructed otherwise by their clients. Both have challenged their trial in the General Court Martial, questioning its jurisdiction over civilians.

The matter is also tied to a pending Supreme Court judgment on the legality of trying civilians in military courts. This follows a Constitutional Court ruling that nullified such trials, which the Attorney General has appealed. The case, involving former MP Michael Kabaziguruka’s petition, awaits a decision from a seven-judge Supreme Court panel.

Since declaring his presidential ambitions, he has faced numerous charges across the country but has yet to be convicted. Besigye has consistently accused the government of politically motivated persecution. His next court appearance is scheduled for tomorrow, January 7, 2025, before the General Court Martial.