Restricted Practice License Leaves Karua Unable to Defend Besigye in Ugandan Court

Martha Karua, a prominent Senior Counsel, is facing significant legal challenges while representing Uganda's opposition leader, Kizza Besigye, and his aide, Obeid Lutale, in an ongoing court case.

Despite being granted a temporary practising certificate by the Uganda Law Society on January 6, 2025, Karua has found her legal capacity severely limited due to the restrictions associated with this special license. In a recent social media post, Karua expresses her frustration over these limitations, stating that the restrictive nature of her special license has rendered her unable to vocalize her defence in court.

“In court but without a voice due to the restrictive nature of my special license. In the meantime, my colleagues are doing a fantastic job,” she notes.

Karua indicates her intention to reapply for a more comprehensive license in hopes of overcoming these hurdles. Karua's road to securing legal representation in Uganda was fraught with difficulty, taking nearly a month of petitioning after her initial application was denied by the Law Council under Section 18 of the Advocates Act, which governs temporary legal practice rights in the country. Her persistence ultimately led to the approval of her practising certificate.

The legal proceedings surrounding Besigye's case are further complicated by his current health situation. Besigye, who has been participating in a hunger strike, appeared in court in a weakened state, prompting Ugandan Judge Douglas Singiza to order his return to prison to ensure his safety amid medical concerns. This directive came during a habeas corpus hearing, intended to review the legality of Besigye's detention.

Despite her restricted ability to advocate for her client directly, Karua remains steadfastly dedicated to the case. Her involvement is critical, not only in the legal context but also in raising international awareness regarding what many consider to be politically motivated and unjust detentions associated with Besigye's prolonged confinement. The legal team continues to press for the habeas corpus plea, hopeful that the court will respond favourably to their arguments for Besigye's release.

Besigye's wife has been a vocal advocate for his immediate release, describing his health as alarming due to the ongoing hunger strike. She has condemned his detention as a form of kidnapping and has called for his swift release, further heightening the political tensions surrounding the case.