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EALS Warns Against Threats to Right to Legal Representation of Lawyers In Uganda

Kamwokya Times by Kamwokya Times
May 21, 2026
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EALS Warns Against Threats to Right to Legal Representation of Lawyers In Uganda
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The East Africa Law Society (EALS) has raised concern over recent public remarks allegedly made by Uganda’s Chief of Defence Forces, General Muhoozi Kainerugaba, regarding the professional conduct of lawyer Caleb Alaka in relation to his representation of former Speaker, Anita Annet Among’s investigation.

In a statement issued in Arusha on Thursday, the regional bar association emphasized that such remarks risk undermining constitutional protections on fair hearing and the independence of the legal profession.

The regional Lawyers’ body was reacting to a message allegedly sent out by the Chief of Defence Forces, General Muhoozi Kainerugaba, who warned that private lawyers defending corruption suspects would face consequences.

EALS President Ramadhan Abubakar signed the statement alongside the Presidents of member bar associations, including the Law Society of Kenya, Uganda Law Society, Tanganyika Law Society, Rwanda Bar Association, and Burundi Bar Association.

They reaffirmed that the protection of fair hearing rights and the independence of legal representation remain central to constitutional democracy and justice in the region.

The Society stressed that it was not commenting on the merits of any ongoing investigations or potential court proceedings, but was instead reaffirming the legal principles governing the right to legal representation, fair trial, and professional independence of advocates.

Itunderscored that Article 28 of the Constitution of Uganda guarantees the right to a fair hearing, including the presumption of innocence, access to an independent and impartial court, and the right to legal representation by counsel of one’s choice.

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It further noted that under Article 44(c), the right to a fair hearing is non-derogable, meaning it cannot be limited under any circumstances.

The lawyers also cited Article 20(2) of the Constitution, which obliges all state organs and agencies to respect, uphold, and promote fundamental rights and freedoms. It warned that lawyersmust not be linked to clients.

The regional body emphasized that under both African and international human rights frameworks, lawyers must not be identified with their clients or their clients’ causes as a result of professional representation.

It referenced the African Commission on Human and Peoples’ Rights Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa, the UN Basic Principles on the Role of Lawyers, and International Bar Association standards, all of which safeguard lawyers from intimidation, harassment, or interference while performing their duties.

“These safeguards are not aspirational but binding interpretive standards within the African human rights system,” the statement read.

EALS called on Ugandan authorities, including constitutional office holders and security sector leaders, to fully respect fair hearing rights and avoid actions or communications that could interfere with due process or judicial independence.

The Society urged compliance with Articles 20(2) and 221 of the Constitution, which require state organs to act in accordance with constitutional principles and respect human rights. It further called for restraint in public communications by state officials, warning that public commentary on ongoing legal matters risks undermining judicial processes.

The statement emphasized that an advocate is not associated with the personal character or alleged conduct of a client by virtue of professional representation. It warned that intimidation or stigmatization of lawyers for undertaking instructions in sensitive or high-profile cases threatens access to justice and weakens public confidence in the legal system.

“The legitimacy of legal representation is derived from constitutional command, not public sentiment,” EALS stated.

The Society also referenced the Treaty for the Establishment of the East African Community, which commits member states to the rule of law, good governance, and human rights. It further cited the African Charter on Human and Peoples’ Rights and related guidelines, reinforcing that fair trial rights and legal assistance are binding obligations for all member states.

At the global level, EALS pointed to UN and International Bar Association standards, reaffirming that an independent legal profession is essential to constitutional governance and the protection of human rights.

It said regional bar associations have a duty to defend judicial independence and ensure that constitutional guarantees remain effective in practice. The Society pledged continued engagement and, where necessary, legal and institutional action to protect the rule of law across East Africa-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com

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