Kenya’s former Justice Minister, Martha Karua has not been issued with a temporary practicing certificate to represent Dr Kizza Besigye and Hajj Obeid Lutale in the General Court Martial in Makindye, Kampala.
Besigye’s lawyer and Kampala Lord Mayor, Erias Lukwago told the Military Court that Martha Karua arrived in the country yesterday, Sunday.
Today, Karua visited the office of the Law Council and had a conversation with the Council Chairperson, Justice Irene Mulyagonja regarding the issuance of a temporary practicing certificate to allow her represent Besigye and Lutale as required by Section 18 of the Advocates Act.
“She (Justice Mulyagonja) informed us that council is yet to sit and pronounce themselves on the matter. As we talk right now, they are yet to finalize the process. The assurance she gave us is that they are going to expedite the process and that we may hear from her, probably tomorrow or the day after,” Lukwago told court.
Lukwago informed Court about the right to a fair hearing which entails effective representation.
As the lead defence counsel, Lukwago said that Karua must get a license to represent Besigye and Lutale.
“She is our team captain.”
Lukwago presented a consolidated defence team consisting of dozens of lawyers to represent the accused.
They include among others, Eron Kiiza, Samuel Muyizi, Tugume Moses, Tenderi Raphael, Rtd Maj Roland Iduri, Dennis Enapu, Abudallah Kiwanuka, among others.
Prosecution
However, prosecution said that among all the lawyers presented, only four have complied with Regulation 61 of the UPDF Act
In response, Lukwago said, ” It’s not about the particulars of the individual advocates. Actually, where I was reading, my name is not there, it is Lukwago and company advocates. If he cared enough to look at the list I was reading, he would see the individual advocates and the law firm they come from. There’s a difference between law firms and individual practicing advocates. For example, Martha karua on this list is Lukwago and company advocates, and it’s in black and white. So, his point is neither here nor there.”
Lukwago also told court that Karua has not had any opportunity as the lead counsel to interact with her clients and receive instructions, save for the instructions that were given formally.
The court chairman, Brig Freeman Mugabe again adjourned the case hearing for 30 minutes to allow defence lawyers led by Karua interact with Besigye and Lutale.
Since she is yet to receive the temporary license, Karua has not said anything in court, but rather to sit down and listen.
Besigye and Lutale are charged with four counts relating to security, illegal possession of two pistols and eight rounds of ammunition.