Uganda: Martha Karua Protests Body Search and Legal Setbacks At General Court Martial

Kizza Besigye.
2 December 2024

Speaking to the media outside the court premises, Ms Karua outlined her frustrations after being subjected to a rigorous body search at several points of entry.

Martha Karua, the lead counsel for Cl Dr Kizza Besigye, has expressed strong dissatisfaction with the treatment she received during a visit to the General Court Martial, where her client faces serious charges of illegal possession of ammunition and firearms.

Besigye, along with co-accused Hajj Obeid Lutale, is being tried for offenses allegedly committed in multiple countries, including Uganda, Kenya, and Greece.

Speaking to the media outside the court premises, Ms Karua outlined her frustrations after being subjected to a rigorous body search at several points of entry.

According to the senior Kenyan lawyer, the search began at the gate, continued at the court entrance, and was repeated once again inside the court chambers.

"I was subjected to a third body check after already having been cleared at the first two checkpoints. This treatment was unnecessary and inappropriate," Karua said.

"Other court users had been restricted from bringing bags and gadgets into the premises, so I fail to understand why I was singled out for additional checks."

While some in the crowd considered the multiple searches a standard procedure, Karua disagreed, calling the treatment "degrading" and questioning the motives behind it.

She also expressed concern about being denied an audience with the court, being informed that her application for a practicing license from the Uganda Law Council had not been approved.

"I've been told that I cannot address the court because I don't have a valid practicing license from the Uganda Law Council. This is highly irregular, as I have been practicing law for decades across the continent," Karua stated.

She went on to highlight the legal complexity of the case, pointing out that the charges against her clients involve alleged crimes committed in foreign jurisdictions, specifically Kenya and Greece.

She questioned Uganda's legal authority to prosecute offenses purportedly committed outside its borders.

Besigye and Lutale, who were remanded until December 10, 2024, are accused of engaging in a series of meetings in Athens, Geneva, and Nairobi between October 2023 and November 2024, with the goal of mobilizing resources and support for anti-government activities in Uganda.

In addition to these accusations, they face three counts of unlawful possession of firearms and ammunition, which were allegedly seized from them during their arrest in Kenya on November 16, 2024.

Despite the hurdles, Karua remained resolute in her commitment to defending her clients. She confirmed that the legal team would apply for adjournments to seek further clarification from the Law Council regarding her practicing license.

She also expressed confidence that the issue would be taken up by Pan-African legal experts and politicians.

"We will not let this stand. Lawyers and politicians from across the continent, including from Ghana, Nigeria, Tanzania, and Kenya, are already mobilizing to take legal action. We will file a case in the East African Court of Justice to challenge the illegal conduct of Uganda and Kenya in this matter," Karua vowed.

"The Uganda Law Council should be prepared for multiple applications from other lawyers wishing to join the defense team."

Karua's comments were also echoed by lawyer Erias Lukwago, who expressed frustration at the delay in processing Karua's application for a practicing license.

The application was submitted on November 27, 2024, but as of yesterday, it had still not been approved.

Lukwago, who has been assisting Karua in the Besigye case, criticized the "degrading treatment" of the senior counsel, calling it an embarrassment to Uganda. He praised Karua for remaining unshaken, despite the circumstances.

"The way Karua was treated is a disgrace to the legal profession in Uganda," Lukwago remarked. "This is not the kind of behavior we expect from a country that claims to respect the rule of law."

As the proceedings continued, the situation took a surreal turn when a military truck parked near Karua while she addressed the media, blocking her from view and making it difficult for the public to follow her statements.

Outside the court, a small group of citizens gathered by the gate, trying to follow the developments through the fence.

The next hearing is set for December 10, 2024, and both Karua and Lukwago have vowed to pursue all legal measures necessary to ensure their clients' rights are protected.

Earlier in the morning, Martha Karua and Lukwago reached out to the Uganda Law Council headquarters to seek clarification on the issuance of a temporary certificate of practice in Uganda but did not find any administrator.

"I have spoken to Justice Irene Mulyagongya, and she says they will handle the matter expeditiously and hopefully revert to me on December 3. I am optimistic that I will be issued with a license," Karua said.

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