The Law Society of Kenya (LSK) has announced it is considering suspending the admission of Ugandan advocates into the Kenyan legal system, following a controversial decision by Uganda’s Law Council to reject Senior Counsel Martha Karua’s application for a temporary practicing certificate.
Karua had applied for the certificate to represent Dr. Kizza Besigye and Obeid Lutale at the General Court Martial in Kampala. However, the Law Council of Uganda rejected her application, a move that LSK has described as “derogatory, contemptuous, and high-handed.”
In a statement released on December 10, 2024, LSK President Faith Odhiambo criticized Uganda’s Law Council for what she called a lack of mutual respect and reciprocity in cross-border legal practice. Odhiambo noted that while Kenya has historically welcomed Ugandan advocates with equity and respect, the rejection of Karua’s application undermines regional legal cooperation.
“As things stand, Kenyan lawyers continue to face unreasonable constraints in their efforts to practice in neighboring countries,” the statement read. “If the response by the Law Council of Uganda is anything to go by, the prevailing hard stance and lack of compromise to promote the Mutual Recognition Agreement between Kenya and Uganda is deliberate.”
The LSK stated that it would no longer tolerate what it termed as “disregard and inequity” and warned of retaliatory action. “We will actively consider, after necessary consultations, the suspension of admission of advocates from the Uganda Law Society until such a time as reciprocal arrangements are appreciated and implemented,” Odhiambo said.
LSK also announced plans to engage Kenya’s Attorney General to address what it sees as an overdue impasse on cross-border practice. The society emphasized the need for a “symbolic, reciprocal, and formal engagement” to protect the dignity of Kenya’s legal practice and to ensure mutual respect between the two countries’ legal systems.
This dispute threatens to strain legal and professional ties between Kenya and Uganda, potentially complicating broader efforts for regional integration. For now, the legal fraternity in Kenya appears united in its call for justice and equitable treatment for its members practicing in neighboring countries.
