NAIROBI, Kenya, Dec 10 – The Law Society of Kenya (LSK) has threatened to suspend the admission of Ugandan advocates into Kenyan practice following the Uganda Law Council’s decision to deny Senior Counsel Martha Karua a temporary practicing certificate.
LSK stated it is “actively considering” the move until reciprocal arrangements are implemented.
“This measure, though regrettable, is necessary to uphold the dignity and equity of Kenyan legal practice,” LSK President Faith Odhiambo said in a strongly worded statement on Tuesday.
The LSK condemned the decision to bar Karua’s practice as “derogatory, contemptuous, and high-handed.”
The Uganda Law Council’s letter, dated December 6, 2024, 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 expressed “unqualified disenchantment” with the decision, terming it a setback to regional legal cooperation and respect between the Kenyan and Ugandan bars.
“It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less, a reputable and long-standing member of the Senior Counsel Bar,” Odhiambo stated.
“The Law Society of Kenya joins issue with the decision in toto and asserts its unreserved support.”
Regional integration
The LSK noted Kenya’s leading role in fostering regional legal cooperation, pointing out that Kenya has made significant strides in allowing the integration of foreign counsel into local practice.
It decried Uganda’s lack of reciprocity, citing persistent challenges faced by Kenyan lawyers attempting to practice in Uganda.
“However, this goodwill and good faith extended to the region has met no reciprocity or acknowledgment whatsoever. As things stand, Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries,” Odhiambo said.
The LSK criticized Uganda’s apparent reluctance to honor the Mutual Recognition Agreement (MRA) between the two nations, describing the hard stance as deliberate and detrimental to regional legal integration.
The LSK stated that it will engage Kenya’s Attorney General to address the long-standing impasse over cross-border legal practice.
LSK wared in the absence of an equitable arrangement, Kenya would have no choice but to reconsider its participation in what it termed “lopsided arrangements.”
The LSK reaffirmed its support for Karua, describing her as a distinguished legal professional and a champion of justice.
The society emphasized its commitment to protecting the interests of its members and ensuring that mutual respect and reciprocity underpin regional legal cooperation.
