The General Court Martial in Makindye has adjourned the trial of Dr. Kizza Besigye and Hajj Obeid Lutale to Tuesday, 10th December 2024, following a request by the defence team to allow Kenyan legal luminary Martha Karua obtain a temporary practicing certificate. Karua, the former Justice Minister of Kenya, arrived in Kampala on Sunday to join the legal defence team but is yet to receive the certification required under Section 18 of Uganda’s Advocates Act to represent her clients.
During Monday’s court proceedings, Kampala Lord Mayor Erias Lukwago, lead counsel for the defence, informed the court that Justice Irene Mulyagonja, Chairperson of the Law Council, assured them that the process to grant Karua her license is being expedited. However, the Council has yet to convene and finalize the matter.
“Justice Mulyagonja promised that we may receive an update on the certification process by tomorrow or the day after,” Lukwago told the court, emphasizing that Karua’s role as lead counsel is critical to ensuring effective representation for the accused.
Defence and Prosecution Arguments
Lukwago presented a robust legal team, including Eron Kiiza, Samuel Muyizi, Tugume Moses, Tenderi Raphael, Rtd Maj Roland Iduri, Dennis Enapu, and Abudallah Kiwanuka. However, the prosecution pointed out that only four of the listed lawyers have complied with Regulation 61 of the UPDF Act, which governs representation in military courts.
In response, Lukwago argued that the regulation distinguishes between individual advocates and law firms, noting that Karua is affiliated with Lukwago and Company Advocates. “This is in black and white. The prosecution’s point is therefore irrelevant,” he asserted.
Lukwago also highlighted Karua’s inability to meet with her clients prior to the proceedings, save for formal written instructions.
Interaction with Clients and Adjournment
Following a 30-minute closed-door meeting between Karua, Besigye, and Lutale, the court chairman, Brigadier Freeman Mugabe, granted the adjournment. During the meeting, Karua remained silent in court due to the pending certification but actively engaged with the defence team in preparation for her anticipated role.
Besigye and Lutale face charges related to security, including the illegal possession of two pistols and eight rounds of ammunition. Their defence team remains optimistic that Karua’s involvement will strengthen their case once the temporary practicing certificate is issued.
The court is set to resume on 10th December 2024, with the expectation that Karua will be fully certified to represent Besigye and Lutale. The defence team aims to leverage the adjournment to solidify their strategy and ensure their clients receive the best possible legal representation.