Uganda: Martha Karua Condemns Judiciary for Press Restrictions, Delayed Judgment

Kizza Besigye.
3 December 2024

During her visit to the Supreme Court, Ms Karua expressed outrage at the treatment of journalists and legal representatives, including herself and Kampala Lord Mayor Erias Lukwago.

Kenyan politician and lawyer Martha Karua has criticised Uganda's Judiciary for restricting press access and delaying a crucial judgment concerning the trial of civilians in military courts.

Ms Karua, who is part of the legal team for Dr Kizza Besigye, described the situation as a violation of legal principles and judicial transparency.

During her visit to the Supreme Court, Ms Karua expressed outrage at the treatment of journalists and legal representatives, including herself and Kampala Lord Mayor Erias Lukwago.

"This is a public place. The press is a component of a public place. Trials should be public, and a judiciary should be open," she said.

The former Kenyan justice minister accused the courts of operating like a "general court-martial," following an incident where journalists were denied access to a meeting between Besigye's lawyers and Chief Justice Alfonse Owiny-Dollo.

Journalists were stranded outside the High Court premises after being denied entry, while security conducted stringent checks on all individuals accessing the court.

Lukwago, Karua, and their delegation faced restricted access, sparking further criticism.

Ms Karua noted that such actions undermined the public's right to transparent judicial processes.

"Barring the press from such an important case is unacceptable and raises concerns about accountability," she said.

The primary focus of Ms Karua's visit was to address delays in the ruling of Constitutional Application No. 5 of 2021.

The case, brought by the Attorney General against Michael Kabasi Guruka, challenges the constitutionality of trying civilians in military courts.

Despite a 2021 Supreme Court order for an expedited judgment, no ruling has been delivered three years later.

Ms Karua highlighted that the delay has allowed continued prosecution of civilians in military courts, including opposition figures like Dr. Besigye.

"This delay violates the rule of law and the Supreme Court's own directives," she emphasized.

Ms Karua urged the Chief Justice to utilise his administrative powers to ensure the judgment is issued promptly. She also called for an interim declaration to halt the trial of civilians in military courts until a final ruling is made.

In addition, Ms Karua revealed that her application for a special license to practice law in Uganda has faced unexplained delays, hampering her preparations for an upcoming hearing scheduled for December 10.

Mr Lukwago also expressed disappointment over the lack of senior judicial officers available to meet his delegation during a visit to the Judiciary headquarters.

Speaking to reporters, Lukwago described the experience as "unfortunate," highlighting the absence of both Chief Justice Alfonse Owiny-Dollo and Deputy Chief Justice Richard Buteera, along with other high-ranking officials.

"When we entered, we were told the Chief Justice was not around. Unfortunately, we could not verify that with anyone credible, and we also could not see the Deputy Chief Justice or any other senior judicial officer in the building," he said.

According to Mr Lukwago, the delegation was initially met by the Personal Assistant to the Chief Justice, who informed them that the Chief Justice was in a meeting.

Despite insisting on meeting someone delegated by the Chief Justice, they were eventually received by a private secretary, identified as Tadiyasi.

Mr Lukwago noted that while the delegation presented their concerns to the private secretary, the absence of senior officials undermined the importance of the issues they raised.

"We strongly represented our concerns and the issues we have. Now, we are waiting for feedback," he stated.

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