NAIROBI, Kenya, Dec 10 – The Law Society of Kenya (LSK) has announced plans to petition the Attorney General to revoke a Mutual Recognition Agreement between Kenya and Uganda following the Uganda Law Council’s decision to deny Martha Karua a practicing certificate.
In a letter dated December 6, 2024, the Uganda Law Council rejected Karua’s application to represent opposition leader Kiiza Besigye and Obeid Lutale before the General Court Martial in Kampala.
Security operatives picked up Besigye, facing a court martial over a series of alleged offenses including illegal gun possession, in Nairobi on November 16, took him to Uganda, and arraigned in a military court.
The LSK criticized Uganda’s reluctance to honor the agreement between the two nations, describing its stance as deliberate and detrimental to regional legal integration.
“Cognizant of our mandate under the Law Society of Kenya Act to protect legal practice in Kenya, we can no longer accept or tolerate outright disrespect,” said LSK President Faith Odhiambo.
Reciprocity
The LSK further threatened to suspend the admission of Ugandan advocates into Kenyan practice until reciprocal arrangements are implemented.
It warned that failure to establish an equitable arrangement would force Kenya to reconsider its participation in what it described as “lopsided arrangements.”
“We must either establish a symbiotic, reciprocal, and formal engagement that promotes the interests of all parties or preserve the dignity of Kenyan legal practice by withdrawing from arrangements marred by non-commitment and disingenuity,” the LSK stated.
The society condemned the decision to bar Karua’s practice as “derogatory, contemptuous, and high-handed.”
The LSK expressed “unqualified disenchantment” with the decision, terming it a setback to regional legal cooperation and mutual respect between the Kenyan and Ugandan bars.
“It is inconceivable that the Uganda Law Council would hold such little regard for Kenyan practitioners, particularly a reputable and long-standing member of the Senior Counsel Bar,” Odhiambo said.
“The Law Society of Kenya strongly opposes this decision and asserts its unreserved support for Karua.”
The LSK also noted Kenya’s leading role in fostering regional legal cooperation, emphasizing the country’s significant strides in integrating foreign counsel into local practice.
It decried Uganda’s lack of reciprocity, citing persistent challenges faced by Kenyan lawyers attempting to practice in Uganda.
“Despite Kenya’s goodwill and good faith, there has been no reciprocity or acknowledgment. As it stands, Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries,” Odhiambo said.
Source: capitalfm
