The President of the Law Society of Kenya, Charles Kanjama, has condemned the decision by the government of Uganda to deny Dr. Kiza Besigye’s lead lawyer, Senior Counsel Martha Karua. He described the move as a threat to the independence of the legal profession and the East African Community’s commitment to free movement.
Karua was turned away on arrival at Entebbe International Airport on Monday after travelling to Uganda to observe the bail proceeding of fellow Lawyer, Erias Lukwago, and to take part in activities marking the Uganda Law Society’s 70th anniversary. Her deportation came just days after fellow defence lawyer Erias Lukwago was arrested, allegedly abducted and tortured before being arraigned before a civilian court and remanded to Luzira Prison.
The deportation of Kenyan Senior Counsel Martha Karua from Uganda has drawn condemnation from the Law Society of Kenya, which says the decision threatens the independence of lawyers and undermines regional integration within the East African Community. addressing journalists at Uganda Law Society House in Kampala, Kanjama said lawyers have a duty to represent their clients without fear or favour, regardless of the allegations they face. He said attacks on lawyers performing their professional duties undermine both the administration of justice and the rule of law.
“When lawyers take the oath of office, we take the oath to fight for the rule of law and the administration of justice without fear or favour. Every lawyer knows that his profession gives him the responsibility and the duty to act without intimidation, to ensure that his client, no matter how unpopular, is able to enjoy their full rights of access to justice.”
He explained that that means the Advocate -Client confidentiality and the advocate-client privilege are very critical for legal protection. “Every client is entitled to speak for thier lawyer. Without fear that what they said to their lawyer, their privileged communication wil be disclosed to any third party,” said Kanjama.
Kanjama noted that Karua had been granted a temporary practising certificate to represent Dr. Besigye alongside senior advocate Erias Lukwago. He said she entered Uganda lawfully before immigration officials denied her entry and deported her without giving a detailed explanation.
“She came to Uganda on a legitimate observer mission. Her passport was duly stamped. She was here in accordance with the law. It was extremely unfortunate that she was then denied entry into the country and forcibly deported. The reason we have learnt is just three words — persona non grata.” /
Kanjama said the incident sends the wrong message at a time when East African states are promoting regional integration and the free movement of people and professionals. “We recognize that in East Africa, we have heard that there is a desire to pursue even greater integration and to even reach the level of political federation. But that integration begins now. It begins with the ordinary men and women of our various countries being able to trade with each other, to travel to each neighboring country without obstacles. It begins with us having that cordiality with one another,” he explained.
He warned that lawyers must be able to represent clients across borders without intimidation. “As lawyers, we make a commitment that we will continue, without fear or favour, representing our clients across East Africa. We are also going to undertake strong advocacy, so governments respect the rights of lawyers to practise without threats, intimidation or interference.”
“And so, when the administration just rejects a person who actually has a special license to come even and practice law in Uganda as persona non grata, it sends a chilling signal. It sends a very discouraging message to the citizens of all the East African countries. But we will not be bowed, we will not relent in that desire that is not just something elite, it belongs to us as professionals to pursue greater regional integration, and to create more effective spaces for the pursuit of justice, rule of law, and constitutionalism in each of our partner states”
The Uganda Law Society says Karua’s deportation and the arrest of Erias Lukwago point to growing pressure on lawyers handling politically sensitive cases.
Vice President Anthony Asiimwe said the Society would not allow the incidents to pass without action. “This is unacceptable. We shall not allow it to pass because if we let it pass, then it is going to be a big blow to our practice of law across the East African Community. We shall be communicating the steps we shall take to rectify this unfortunate error.”
Asiimwe also announced that members of the Uganda Law Society will stage a nationwide strike on Friday to protest what he described as continued disregard for the rule of law and increasing interference with the work of lawyers.
“As the Radical New Bar, apart from issuing a statement of condemnation, which he did earlier, when consultation with our colleagues, the governing counsel here of the Radical New Bar, our counterparts from East African society, and other societies across the East African community, we shall be taking the necessary steps. What should come out clearly is that this is unacceptable,” said Asiimwe. He said members of the Uganda Law Society will lay down their tools. We intend to begin our strike to show our dissatisfaction with the complete disrespect and disregard for the rule of law in the country.”
The Law Society of Kenya says it will continue working with the Uganda Law Society and other bar associations in the region to defend the independence of lawyers and uphold the rule of law across East Africa-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
