The East African Law Society (EALS) has taken Uganda to the East African Court of Justice, accusing the nation of violating regional integration principles by denying Kenyan advocate Martha Karua the opportunity to represent opposition leader Kizza Besigye in a Ugandan court martial.
The case highlights growing tensions over cross-border legal practice in East Africa, with EALS claiming Uganda’s actions breach Article 126 of the East African Community (EAC) Treaty. This treaty obligates member states to foster harmonization and cooperation within professional sectors, including the legal field.
Karua, a senior counsel, had sought a special practicing certificate on December 6 to appear before Uganda’s general court martial. However, Uganda’s Law Council rejected the request, citing Section 18 of the Advocates Act. This provision limits temporary legal practice to specific conditions, effectively barring many EAC advocates, particularly those from non-common-law jurisdictions, from practicing in Uganda.
EALS asserts that such restrictions undermine the EAC’s goals of free movement of services and professional labor, critical components of the region’s Common Market framework. According to the society, Uganda’s stance jeopardizes efforts to establish a unified legal system across member states.
The petition also targets the EAC Secretary General for failing to expedite a Mutual Recognition Agreement (MRA) on legal services, despite successfully facilitating MRAs for other professions, such as engineering and veterinary services. The legal group argues that delays in finalizing this agreement hinder regional integration and professional mobility.
EALS has called for immediate action to harmonize legal standards across the EAC and criticized Uganda’s restrictive policies as a barrier to progress. A court notice requires Uganda’s Attorney General to respond within 45 days, with the case set to proceed if no reply is received.
This lawsuit not only underscores the challenges faced by regional legal practitioners but also raises broader questions about the pace and commitment to East African integration.
