The Law Society of Kenya (LSK) has issued a stern warning, threatening to bar Ugandan lawyers from practicing in Kenya after Uganda’s decision to block former Justice Minister Martha Karua from representing opposition leader Dr. Kizza Besigye.
In a statement on Tuesday, LSK President Faith Odhiambo criticized the Uganda Law Council’s move to deny Karua a temporary permit, calling it “derogatory, contemptuous, and high-handed.” The permit would have allowed Karua to represent Besigye in a case before the General Court Martial, where he faces charges of illegal possession of firearms and ammunition.
Odhiambo announced that LSK is contemplating suspending Ugandan lawyers from practicing in Kenya in response. “To safeguard the integrity of legal practice in Kenya, we are actively considering, following necessary consultations, the suspension of advocates from the Uganda Law Society until reciprocal arrangements are respected and implemented,” she stated.
She emphasized that although the step is regrettable, it is necessary to protect the dignity and equity of Kenyan legal practitioners.
On Monday, the Uganda Law Council (ULC) rejected Karua’s application for a temporary practicing license, citing non-compliance with the amended Advocates Act, Chapter 295. The council criticized her for not adhering to the updated requirements, stating in a letter dated December 6 that her application was outdated and improperly advised.
The LSK has condemned the decision, arguing it undermines the cooperation between the Kenyan and Ugandan legal fraternities. Odhiambo termed the reasons provided by the ULC as “ludicrous and distasteful,” adding that it is inconceivable for Uganda to show such disregard for a senior member of Kenya’s legal community.
The LSK has now called for consultations with Kenya’s Attorney General to address the issue of cross-border legal practice. The organization is advocating for either a reciprocal and formal agreement between the two nations or the withdrawal from what it describes as “lopsided arrangements.”
“This disrespect cannot be tolerated, and we will not allow Kenyan legal practice to be compromised by non-committal and disingenuous arrangements,” Odhiambo concluded.