The President of the Uganda Law Society (ULS), Isaac K. Ssemakadde, has criticized the Uganda Law Council’s recent decision to deny Kenyan Senior Counsel Martha Wangari Karua a special practicing certificate. #WhisperEyeNews reports
The move, which took place on December 6, 2024, has sparked controversy, with President Ssemakadde describing the decision as “per incuriam,” meaning it was made without regard for important legal principles and international standards.
In a statement released on Tuesday, early morning, Mr Ssemakadde accused the Law Council of disregarding key international guidelines for the independence of the legal profession, specifically Article 19 of the International Bar Association (IBA) Standards for the Independence of the Legal Profession.
The law, widely recognized in global legal practice, mandates that foreign lawyers who meet necessary qualifications should be granted the right to practice law in a foreign country when working alongside a local attorney.
Ssemakadde argued that the Uganda Law Council failed to comply with this provision in Karua’s case, hindering her ability to practice in Uganda.
The denial of Karua’s special practicing certificate has raised eyebrows, as she is a well-respected figure in the legal community, having earned a distinguished reputation as a Senior Counsel in Kenya.
Critics have argued that the decision could be politically motivated, especially as Karua has been an outspoken figure in her home country.
Ssemakadde also revealed in his statement that he was excluded from the December 6 meeting where Karua’s application was considered. As a member of the Law Council, Ssemakadde claimed that his absence was intentional, preventing him from raising the issue of the IBA Standards and advocating for Karua’s right to practice law in Uganda.
Despite the setback, Ssemakadde remains committed to supporting Karua’s bid to practice in Uganda. He has called on the Uganda Law Society to step in and advocate for Karua, citing the Society’s legal mandate under the Uganda Law Society Act to protect the rights of lawyers and ensure that foreign lawyers have a fair opportunity to practice in Uganda.
Ssemakadde further expressed his belief that the Uganda Law Council, in its current form, undermines the independence of the legal profession. He has called for reforms, including the abolition of the Law Council, to ensure that Uganda’s legal system operates in a way that upholds both international standards and the independence of its legal practitioners.
“The continued existence of the Law Council in its current form is a threat to the independence of the legal profession in Uganda,” Ssemakadde said. “I will continue to advocate for the necessary reforms to protect the rights of all lawyers, regardless of origin or political opinion.”
The case has drawn international attention, with legal experts urging the Uganda Law Society to take swift action to ensure that foreign lawyers are treated fairly and in accordance with international standards in Uganda
Martha was set to join as the lead counsel in Dr Kizza Besigye criminal cases that were slapped on him in the Military Tribunal.
Law Council comments on Isaac Ssemakadde reaction was yet to materialize at the time of filing this article for publication.
we shall keep you posted on Whisper Eye News!
