The aspirations for seamless cross-border legal practice within the East African Community (EAC) have suffered a significant blow following Uganda’s refusal to grant Kenyan lawyer Martha Karua a temporary licence to represent opposition leader Kizza Besigye and his ally, Hajj Obeid Lutale. The decision, announced on December 6 by the Uganda Law Council, has drawn widespread criticism for undermining the principles of regional integration and the free movement of services guaranteed under the EAC Common Market Protocol.
Martha Karua, a Senior Counsel (SC) and seasoned advocate with an impeccable record, had sought temporary admission under Uganda’s Advocates Act to defend Besigye and Lutale. The two are facing charges of plotting against military targets and were controversially abducted from Nairobi last month before being transferred across the Busia border into Uganda. Detained in military facilities, they are now battling their charges in a court martial.
A Blow to Regional Integration
The rejection of Karua’s application has sparked outrage from regional legal bodies and professionals. Ramadahn Abubakar, newly elected president of the East Africa Law Society (EALS), condemned the move as a direct affront to the spirit of the EAC’s integration agenda. He noted that Article 126 of the Treaty for the Establishment of the EAC, along with Article 11 of the EAC Common Market Protocol, obligates partner states to mutually recognize academic and professional qualifications.
“This arbitrary decision undermines the spirit of regional integration as provided for under the Treaty and erodes gains made towards actualizing cross-border legal practice in the East African region,” Abubakar stated. He emphasized that Karua met all the prerequisites stipulated under Section 18 of Uganda’s Advocates Act, making the denial unjustifiable.
Abubakar also highlighted how this decision impedes the fundamental rights of Besigye and Lutale, who have been deprived of their choice of legal representation. Citing Article 7(1)(c) of the African Charter on Human and Peoples’ Rights, he underscored that the accused have a right to counsel of their choice—a right now undermined by Uganda’s law council.
Threat to Reciprocity and Mutuality
The Law Society of Kenya (LSK) also expressed grave concerns over the implications of this decision on the long-standing tradition of reciprocity within the region. LSK president Faith Odhiambo warned that such unilateral actions could unravel years of progress in fostering mutual legal cooperation.
“Mutuality, respect, and goodwill are the fundamental basis for cross-border practice and cooperation,” Odhiambo noted. “We must either foster frank engagements that benefit everyone, or decide to grow independently without handicapping ourselves in non-reciprocal arrangements.”
The denial of Karua’s licence not only hinders her professional practice but also jeopardizes broader regional efforts to harmonize legal frameworks. Advocates from EAC partner states have historically relied on reciprocal agreements to practice in different jurisdictions, a cornerstone of the region’s Common Market ideals.
The Need for Reforms
The situation has spotlighted the urgent need for legal reforms and harmonization within the EAC to prevent such setbacks. Critics argue that without enforceable mechanisms for mutual recognition, partner states could undermine the Common Market Protocol at will. Abubakar called for a renewed commitment from EAC partner states to uphold their obligations, ensuring that professionals can practice across borders without unnecessary impediments.
The Karua case, while specific, has broader implications for the legal profession and regional integration. Legal experts warn that failing to address this issue could discourage cross-border collaborations, stalling progress in a region that aspires to foster unity through shared frameworks.
As the debate continues, the question remains: will the EAC partner states reaffirm their commitment to regional integration, or will they allow arbitrary decisions to erode the dream of a unified East African legal practice? The outcome could set a precedent for the future of cross-border professional cooperation in the region.
