By Ben Musanje
East African legal bodies have strongly condemned Uganda’s decision to deny entry to prominent Kenyan lawyer and former Justice Minister Martha Karua, describing the move as a dangerous setback for the rule of law, the independence of the legal profession, and regional integration within the East African Community.
The criticism was led by the President of the Law Society of Kenya, Charles Kanjama, who said lawyers across the region have a professional duty to defend their clients without fear or favour and warned against actions that could intimidate advocates carrying out their responsibilities.
Karua was blocked from entering Uganda on Monday morning after arriving at Entebbe International Airport to join a team defending her Ugandan lawyer colleague Erias Lukwago, with whom they have been representing detained opposition leader Dr. Kizza Besigye and his co-accused, Hajji Obeid Lutale, in an ongoing treason case.
According to lawyers, immigration officials informed Karua that she had been declared persona non grata and ordered her to return to Kenya. No detailed explanation was publicly provided for the decision.
The deportation came just days after Kampala Lord Mayor and senior advocate Erias Lukwago, who has been leading Besigye’s defence team, was charged with a treason-related offence. His bail hearing had been scheduled for Monday.
Speaking in a joint press briefing at the Uganda Law Society along John Babiha Avenue in Kampala, Kanjama expressed concern that the allegations against Lukwago were reportedly linked to communications with his client, arguing that such actions struck at the core principles of legal practice.
He said lawyers take an oath to uphold the rule of law and the administration of justice without fear or favour, adding that every advocate has a responsibility to ensure that all clients, regardless of how unpopular they may be, enjoy their constitutional right to legal representation and access to justice.
Kanjama emphasized that advocate-client confidentiality and legal privilege remain fundamental pillars of the legal profession. He noted that communications between lawyers and their clients are protected and should not be disclosed to third parties, regardless of the nature of accusations facing the client.
Referring to the views of renowned South African jurist Albie Sachs, Kanjama said the duty of a lawyer becomes even more important when representing individuals accused of serious crimes, because the right to legal representation must be protected under all circumstances.
The Kenyan lawyer further noted that Karua had travelled to Uganda legally and in accordance with regional treaties that guarantee freedom of movement among East African Community citizens. He pointed out that she had previously obtained a special license authorizing her to participate in legal proceedings in Uganda alongside Lukwago.
According to Kanjama, Karua arrived in Uganda on a legitimate observer mission, her travel documents were properly processed, and she had complied with all legal requirements. He said it was therefore unfortunate that she was denied entry and subsequently deported without any detailed explanation beyond being labelled persona non grata.
He warned that the incident could undermine ongoing efforts aimed at deepening East African integration. Kanjama observed that regional integration begins with ordinary citizens being able to move freely, conduct business and engage with one another across borders. He argued that denying entry to a lawyer who had been licensed to participate in legal proceedings in Uganda sent a chilling message to citizens and professionals across the region.
Despite the incident, Kanjama maintained that lawyers across East Africa would continue collaborating and representing clients across borders in accordance with the laws of member states. He pledged that legal practitioners would intensify advocacy efforts aimed at ensuring governments respect the independence of the legal profession and allow lawyers to practice without intimidation, threats or interference.
The condemnation was echoed by leaders of the Uganda Law Society, who described Karua’s deportation and the circumstances surrounding Lukwago’s arrest as unacceptable.
Uganda Law Society Vice President Anthony Asiimwe said the society was consulting with counterparts across the East African Community and other legal associations to determine an appropriate response to the developments.
Asiimwe stressed that allowing such actions to pass unchallenged would deal a serious blow to the legal profession across the region. He indicated that legal bodies were considering a number of measures and would communicate their next steps in due course.
He also announced that members of the Uganda Law Society would begin industrial action later this week as part of broader protests against what the society views as growing disregard for the rule of law.
According to Asiimwe, lawyers would lay down their tools to demonstrate dissatisfaction with what he described as continued disrespect for legal principles and constitutional governance in the country.
The developments have added a new regional dimension to the legal and political controversy surrounding the prosecution of Besigye and his co-accused, with legal bodies warning that the treatment of lawyers involved in the case could have far-reaching implications for justice, professional independence and East African integration.
As pressure mounts from legal associations across the region, attention is now turning to how Ugandan authorities will respond to growing concerns over the independence of the legal profession and the treatment of advocates involved in high-profile cases. East African legal bodies have signaled that they intend to keep the matter on the regional agenda, insisting that lawyers must be free to represent their clients without obstruction and that commitments to justice, the rule of law and freedom of movement must be respected. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
