The Law Society of Kenya (LSK) has expressed disapproval of the decision by the Law Council of Uganda to deny NARC Kenya party leader Martha Karua a temporary practicing certificate to represent Kizza Besigye before Uganda's General Court Martial in Kampala.
In a press statement on Tuesday, December 10, 2024, LSK President Faith Adhiambo termed the decision derogatory and high-handed.
"We express our unqualified disenchantment with the derogatory, contemptuous, and highhanded decision taken by the Law Council of Uganda. This decision not only offends the mutual cooperation that exists between the Kenyan and Ugandan bar but also the manner in which it was communicated and the reasons given thereof are ludicrous and distasteful.
"It is inconceivable that the Law Council of Uganda would hold such little regard for Kenyan practitioners, no less, a reputable and longstanding member of the senior Counsel bar," the statement read in part.
Odhiambo pointed out that Kenyan courts have long embraced cross-border practice, welcoming advocates from Uganda and beyond.
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"The Law Society of Kenya joins issue with the decision toto, and assert its unreserved support for Hon. Martha Karua, SC. Kenya has been a leader in encouraging and fostering regional cooperation in legal practice and has increasingly allowed the integration of counsel from neighboring countries into Kenyan practice,” the statement added.
Odhiambo announced plans to escalate the matter to the Attorney General, seeking urgent intervention to resolve the impasse.
Cognizant of our mandate under the Law Society of Kenya Act to protect legal practice in Kenya, it can no longer be acceptable or commonplace that we check outright this respect lying down. Accordingly, LSK will be engaging the Attorney General immediately to bring the overdue impasse of a cross-border practice to a conclusive end.
Odhiambo concluded her statement with a call for mutual respect and dignity in regional legal practice.
“We must either find a symbiotic, reciprocal, and formal engagement that promotes the interests of all parties or preserve the dignity of Kenyan legal practice by withdrawing from lopsided arrangements marred with non-committal and disingenuity," the statement concluded.
This comes a day after Karua expressed her dismay following the Uganda Law Council's decision to reject her application for a temporary practicing certificate.
In a detailed letter addressed to the Secretary of the Uganda Law Council, Navakooza K. Margaret, on Monday, December 9, she accused the Uganda Law Council of making unfounded attacks on her integrity and professionalism.
“Your disparaging and personalized aspersions on my person and character, as well as the importation of extraneous matters, is regrettable and undermines the spirit of Jumuia,” she asserted.
