By Ben Musanje
The Uganda Law Society (ULS) has petitioned the government to reverse its decision barring Kenyan Senior Counsel Martha Karua from entering Uganda, arguing that the move violates regional treaties and international standards protecting lawyers in the execution of their professional duties.
In two separate petitions dated July 3, 2026, the ULS appealed to the Minister of Internal Affairs, Prof. Ephraim Kamuntu, to rescind the decision declaring Karua persona non grata, while simultaneously asking the High Court Criminal Division to allow her to participate virtually in the ongoing trial of Dr. Kizza Besigye and Hajji Obeid Lutale should the travel ban remain in force.
The petitions, signed by ULS Vice President Anthony Asiimwe, were copied to the Attorney General and the Director of Public Prosecutions.
Addressing the Minister of Internal Affairs, the ULS argued that Karua’s denial of entry at Entebbe International Airport on June 22 was unlawful because she was travelling to Uganda in her professional capacity after obtaining a Special Practising Certificate issued by the Uganda Judiciary under Section 18 of the Advocates Act.
According to the Society, the certificate authorized Karua to lead the defence team alongside former Kampala Lord Mayor Erias Lukwago in Criminal Session Case No. 335 of 2026, in which the State is prosecuting Besigye and Lutale.
The lawyers’ body contended that the immigration decision violated Uganda’s obligations under the Treaty for the Establishment of the East African Community, particularly Articles 6(d), 7(2) and 104, as well as Article 7 of the East African Community Common Market Protocol, which guarantee the free movement of persons and services among partner states.
The petition further cited the decision of the East African Court of Justice in Samuel Mukira Mohochi v Attorney General of the Republic of Uganda (Reference No. 5 of 2011), where the regional court held that East African Community partner states cannot arbitrarily deny entry to citizens of fellow member states without complying with the treaty framework.
Beyond regional law, the ULS argued that the immigration decision contravened internationally recognized principles safeguarding the independence of lawyers.
The Society cited the United Nations Basic Principles on the Role of Lawyers, particularly Principle 16(b), which requires governments to ensure lawyers are able to travel freely to consult and represent their clients. It also referenced Principles 17 and 19, which require states to protect lawyers while performing their professional duties and guarantee their right to appear before courts unless lawfully disqualified.
The petition also relied on the International Bar Association Standards for the Independence of the Legal Profession, arguing that Uganda has an obligation to facilitate, rather than hinder, legal representation.
The ULS told the minister that Karua is expected to return to Uganda on July 8 to continue representing her clients and requested that the government communicate its decision before her scheduled travel.
Attached to the petition were copies of Karua’s Special Practising Certificate and the immigration notice directing her to return after she was declared a prohibited immigrant.
Recognizing that the government may not immediately lift the restriction, the Uganda Law Society simultaneously petitioned the Deputy Registrar of the High Court Criminal Division to permit Karua to participate in the proceedings through a video link.
The Society argued that should the entry ban remain in force, denying Karua both physical access to Uganda and virtual participation in the proceedings would substantially prejudice the defence and undermine the right of the accused persons to legal representation by counsel of their choice.
It maintained that a video link would enable Karua to continue discharging her professional responsibilities while preserving the integrity of the criminal proceedings.
The request comes against the backdrop of an increasingly controversial legal battle surrounding Besigye’s prosecution, which has attracted regional and international attention.
Karua, a former Kenyan Justice Minister, senior advocate and prominent opposition politician, has in recent years become one of the region’s most visible human rights lawyers, frequently representing opposition figures in politically sensitive cases across East Africa.
Her latest assignment involved leading Besigye’s defence team after the Uganda Judiciary granted her temporary permission to practise before Ugandan courts.
However, upon her arrival at Entebbe International Airport on June 22, immigration officials denied her entry and served her with a notice declaring her persona non grata. Authorities did not publicly provide detailed reasons beyond the immigration notice except the social media post by the Chief of Defence Force (CDF) Gen Muhoozi Kaineruga which acknowledged the denial of Karua’s entry to Uganda
The decision immediately drew criticism from sections of the legal fraternity and civil society, with lawyers arguing that the move undermined the right to legal representation and raised concerns about Uganda’s commitment to regional integration under the East African Community.
The Uganda Law Society’s latest intervention now places the matter squarely before both the Executive and the Judiciary.
While the Society wants the Minister of Internal Affairs to reverse the immigration decision and allow Karua to enter Uganda, it is also urging the High Court to ensure that the ongoing criminal proceedings are not delayed by permitting the Kenyan lawyer to participate remotely if the travel restrictions remain in place.
Whether either institution grants the requests could have significant implications not only for Besigye’s trial but also for the interpretation of East African Community obligations on the free movement of legal professionals and the right to counsel in cross-border litigation. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
