Uganda: Lukwago, Martha Karua to Take Legal Action Against Kenya and Uganda Over Besigye

25 November 2024

Mr Lukwago confirmed that the Kenyan government would be dragged to court for its alleged acquiescence in the enforced disappearance of Besigye

Erias Lukwago, a prominent Ugandan lawyer representing opposition stalwart Kiiza Besigye, announced that legal action is being taken against both the Kenyan and Ugandan governments for their involvement in the abduction of Dr Besigye.

Mr Lukwago confirmed that the Kenyan government would be dragged to court for its alleged acquiescence in the enforced disappearance of Besigye, an act that he called a violation of Kenya's territorial integrity and a breach of its immigration laws.

Speaking to reporters, Lukwago emphasized that the legal team was pursuing action before the East African Court of Justice, claiming that Kenyan authorities had allowed foreign forces to carry out a crime of such magnitude on Kenyan soil.

He accused officials of the Kenyan Immigration Department, including Deputy President Kindiki Kithure, of being complicit in the abduction by failing to prevent it.

"The deputy president must account for these violations, as Kenya's immigration laws were clearly violated," Lukwago said.

The Ugandan government, meanwhile, faces its own legal challenge for the enforced disappearance of Dr. Besigye, with Lukwago noting that further legal actions were being prepared, although not all would be disclosed to the media at this time.

Lukwago further clarified the legal situation surrounding Dr. Besigye's case with the General Court Martial.

"Dr Besigye cannot submit to the General Court Martial. We will announce other legal measures at the appropriate time," he explained.

The legal team has already been working on this matter, with lawyers from the International Commission of Jurists joining the fight.

On December 2nd, a group of 50 lawyers, led by Martha Karua, will represent Besigye in court to challenge the actions of the Ugandan People's Defence Forces (UPDF) in the General Court Martial.

Ms Karua, a seasoned Kenyan lawyer, is leading the legal team and has taken steps to secure a temporary practicing certificate for the case, citing Section 18 of the Advocates Act, which allows for such certificates in specific cases.

"We are committed to providing the best legal defense for Dr. Besigye, and this case will be vigorously pursued in both national and regional courts," she said.

The application for a temporary practicing certificate was submitted today to facilitate her involvement in the case, in line with Ugandan laws requiring foreign lawyers to be attached to local firms to practice temporarily.

As the legal proceedings unfold, both Kenya and Uganda are set to face significant international scrutiny over their handling of Dr Besigye's abduction, with high-profile lawyers like Lukwago and Karua ensuring the case remains at the forefront of public attention.

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