The Human Rights Lawyer, Derrick Lufunya, has supported Uganda Law Council’s (ULC) decision to deny Kenyan lawyer and former Kenyan Minister for Justice and Narc-Kenya party leader, Martha Wangari Karua, a practicing license to represent Colonel Dr. Kizza Besigye and Hajj Obeid Lutale Kamulegeya in the Court Martial.
Lufunya said that the council’s decision to deny Karua a license was a matter of discretion with the powers deserved by the Uganda Law Council.
“The application to be admitted to practice law temporarily from a foreign jurisdiction is a matter of discretion. It’s not automatic that once you apply, they are going to admit you. The authorities have the power to deny or to grant the application,” he said.
Lufunya said this while appearing on a local television show on Friday, December 13, 2024.
In a letter dated December 6, 2024, the Uganda Law Council declined to grant a practicing license to Karua, stating that her application was not compliant with the Amended Advocates Act, Chapter 295, and faulted her for not adhering to the updated requirements.
Counsel Lufunya also acknowledged the Uganda Law Council’s assessment that Karua’s application was politically motivated rather than professionally motivated, emphasizing that lawyers are barred from being witnesses in their own cases.
“The offenses talked about are political, and Martha Karua is a potential suspect or witness in the case. Lawyers are generally not allowed to be lawyers and witnesses in their own cause. And for that reason, they gave valid reasons to deny her the application,” he noted.
He was also convinced with the narrative that Karua does not possess any special skills due to her lack of expertise, given that she has not been active in court since 2002.
“The last time Martha Karua appeared before a court was in 2002. It’s been a very long time, and the law council thought it wise that she does not possess any special skills that will help in providing legal representation to Dr. Kizza Besigye,” the counsel added.
Dr. Kizza Besigye and his aide Hajji Obeid Lutale were arrested in Nairobi, Kenya, on November 16, 2024, and arraigned in the Court Martial over possession of two pistols, eight bullets, and holding meetings outside the country to undermine Uganda’s security.
