Besigye Trial: Martha Karua, Byanyima Arrive at Makindye Court Martial

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Besigye Trial: Martha Karua, Byanyima Arrive at Makindye Court Martial

Kenya’s former Justice Minister and Deputy Presidential candidate, Martha Karua, has arrived at Makindye General Court Martial in Kampala where Dr. Kizza Besigye and his political associate, Hajj Obeid Lutale, will appear for reading of their cases.

Karua was today accompanied by Besigye’s wife, Eng Winnie Byanyima and other top opposition officials.

Besigye and Lutale were apprehended by Uganda’s security services on November 16 in Nairobi, where they had traveled to attend the book launch by Martha Karua.

Four days later, the two appeared in the general court martial in Kampala, where they were charged with four counts relating to security, illegal possession of two pistols, and illegal possession of eight rounds of ammunition.

Karua was expected to lead the defense team for Besigye and Lutale but was yet to receive his practising certificate from Uganda’s Law Council.

Martha Karua (C) hands out her particulars at Makindye General Court Martial (Photos: Christopher Kiiza/ChimpReportsNews)

Lukwago steps down

Last week, then Besigye’s lead lawyer and Kampala Lord Mayor, Erias Lukwago, announced that Karua would take over from him as the lead counsel.

Karua described Besigye as a comrade, adding that she is in solidarity with him.

“He is a comrade in politics trying to get our country right. So, I invited him to attend my book launch; he promised he would, and I got the indication that he had arrived, but he was a no-show. Afterwards, we learned that he had been abducted. So, I am here in solidarity,” she said.

Karua is not a Ugandan citizen. To represent Besigye, she will have to fulfill all the necessary requirements as laid down in the law.

According to Section 18 of the Advocates Act, foreign lawyers wishing to practice law in Uganda must be from a Commonwealth country, obtain a temporary practicing certificate, and be affiliated with a local Ugandan law firm.

Byanyima (in long dress) at the court premises

Karua meets the first requirement outright because Kenya is a Commonwealth country.

On the second requirement, the law requires the person (lawyer) to file the application with the law council, and subsequently, the chief registrar issues the temporary practicing certificate.

“I have applied for a special license so that I may join Mr. Lukwago and the team in defending him tomorrow,” she said.

FDC officials Harold Kaija (C) with Karua and Ken Lukyamuzi

“The law society of Kenya wrote a support letter to confirm that indeed, I am an advocate of the High Court of Kenya with the rank of senior counsel and holding a valid, current practicing certificate, which are the prerequisites of being licensed in Uganda. My letter is very clear; I am not asking to be a general practitioner in Uganda. I am asking for a special license specifically for Dr. Besigye and Mr. Lutale,” she added.

On the third requirement, Karua will be attached to Lukwago’s law firm, Lukwago and Company Advocates.

Karua said that the case is not new to her because following Besigye’s abduction, she condemned and challenged the government of Kenya to explain how another country violated Kenya’s sovereignty by entering the country and abducting foreign citizens.

“We issued a statement condemning the abduction, which is a violation of the constitution of Kenya, the constitution of Uganda, and regional and international instruments.”

Byanyima interacting with Besigye’s fans at the court

Karua said she is ready to face the general court martial on Monday.

“I have been having a conversation with my colleague (Lukwago) here; we are ready. This case has drawn a lot of interest both within East Africa and larger Africa and the international community.”

Lukwago said that a team of over 50 lawyers from Uganda and Kenya have joined forces to represent Besigye and Lutale in the general court martial.

SOURCE: CHIMP REPORTS

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