The Law Society of Kenya (LSK) has expressed its intention to potentially halt the admission of Ugandan lawyers into Kenyan practice following the Uganda Law Council’s refusal to grant a temporary practising licence to Senior Counsel Martha Karua. Karua sought this permission to defend opposition figures Kizza Bisigye and Obeid Lutale in Kampala’s general court martial where they face charges related to the illegal possession of firearms.
In a strongly worded letter dated December 10, LSK President Faith Odhiambo criticized the Uganda Law Council’s decision as “disrespectful, arrogant, and dismissive.” She highlighted the offense this caused not only to the cooperative relations between the Kenyan and Ugandan legal fraternities but also to the manner and rationale behind the decision.
The Uganda Law Council, in its correspondence to Karua on December 6, rejected her application citing reasons such as her alleged lack of unique skills to justify the licence and the absence of necessary identification and academic documents. Additionally, they accused her of misconduct, including presenting herself in court without a valid Ugandan practising certificate.
Odhiambo voiced her astonishment at the Council’s apparent disregard for Kenyan legal professionals, especially one as esteemed as Karua. She emphasized Kenya’s role in promoting regional legal collaboration, allowing advocates from neighboring countries to practice within Kenya, predominantly from Uganda, and stressed the unfair restrictions Kenyan lawyers face abroad.
“It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less a reputable and long-standing member of the Senior Counsel Bar,” Odhiambo said.
LSK President Faith Odhiambo.
“Given our responsibility to safeguard Kenyan legal practice under the LSK Act, we can no longer tolerate this blatant disrespect,” Odhiambo stated, indicating plans to engage with the Attorney General for a solution that would uphold mutual respect and legal dignity.
Moreover, LSK is contemplating suspending the admission of Ugandan lawyers until mutual recognition agreements are established, a move aimed at maintaining the integrity of Kenyan legal practice.
“To further protect the integrity of legal practice in Kenya, the Law Society of Kenya is actively considering, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such a time as reciprocal arrangements are appreciated and implemented. This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” Odhiambo said.
Bisigye and Lutale are accused of possessing illegal firearms across multiple countries including Kenya, Greece, and Switzerland, with specific charges related to an incident in Nairobi in November 2024. The military court proceedings were delayed when Karua attempted to represent them but was barred due to her lack of a Ugandan licence.
Karua, in response, wrote a letter on December 9 challenging the character and professional critique from the Council, arguing it was an unjust attack on her integrity. She further communicated with the Uganda Law Society on December 10, urging them to support her reapplication for a special practising certificate under Article 19 of the IBA Standards, which calls for cooperation in granting foreign lawyers the right to represent clients.
Karua emphasized the importance of the East African Community’s principles in supporting cross-border legal practice, looking forward to the Uganda Law Society’s assistance in navigating this dispute.
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