Besigye Defence Team Condemns Detention, Threatened Deportation of Martha Karua

The recent detention and threatened deportation of Kenyan Senior Counsel Martha Karua by Ugandan authorities at Entebbe International Airport has ignited a regional legal and human rights controversy. Karua, a member of the defence team for Ugandan opposition politician Dr. Kizza Besigye, was in Uganda to observe court proceedings for another defence lawyer, Erias Lukwago, who had also been arrested. This incident, condemned by Besigye's defence team and human rights organisations, raises critical questions about the free movement of legal professionals within the East African Community (EAC), the independence of the bar, and the right to legal representation in politically sensitive cases. It highlights potential conflicts between national immigration laws and regional integration commitments, underscoring a concerning pattern of alleged harassment against lawyers representing opposition figures in Uganda.

The legal landscape of the East African Community (EAC) was recently shaken by the detention and threatened deportation of prominent Kenyan Senior Counsel Martha Karua by Ugandan authorities on June 22, 2026. Ms. Karua, a key member of the defence team for Uganda's opposition politician Dr. Kizza Besigye, had travelled to Kampala to observe court proceedings involving fellow defence lawyer Erias Lukwago, who himself had been arbitrarily arrested and charged with treason-related offences. This incident has drawn widespread condemnation from legal practitioners, civil society organisations, and human rights bodies across the region, sparking a critical debate on the rule of law, the independence of the legal profession, and the efficacy of regional integration protocols.

Legal practice in Uganda is primarily governed by the Advocates Act (Cap 267), which stipulates that only persons enrolled as Advocates of the High Court of Uganda may appear in court, provide legal advice for reward, or hold themselves out as legal practitioners. Foreign lawyers are not automatically eligible and must satisfy stringent requirements, including holding a recognised law degree, completing the post-graduate Diploma in Legal Practice from the Law Development Centre (LDC), and passing the Bar Course. While the Advocates (Professional Requirements for Admission of Persons Enrolled in Foreign Jurisdictions) Regulations, 2022, provide a framework for foreign-qualified practitioners, they generally require supervised practice for those with less than five years' experience and a certificate from the Chief Justice and clearance from the Uganda Law Council. There are currently no formal reciprocal admission agreements that exempt foreign lawyers from the full qualification process in Uganda.

The detention and threatened deportation of Martha Karua raise significant legal questions under both Ugandan domestic law and regional and international legal frameworks. Under Ugandan law, the Uganda Citizenship and Immigration Control Act (Cap. 66) regulates the entry, stay, and removal of aliens. While the Directorate of Citizenship and Immigration Control (DCIC) has powers to issue and cancel immigration permits and remove undesirable immigrants, the lack of stated reasons for Ms. Karua's detention and the denial of access to her legal team are concerning. The defence team's assertion that Ms. Karua was held without access to her legal team, family, or colleagues suggests a potential breach of due process rights, irrespective of her immigration status.

The detention and threatened deportation of Senior Counsel Martha Karua represent a significant challenge to the principles of the rule of law, the independence of the legal profession, and regional integration within the East African Community. It underscores a concerning pattern of alleged harassment against lawyers involved in politically sensitive cases in Uganda, potentially undermining the right to effective legal representation. The incident highlights the urgent need for clarity and adherence to both national and regional legal frameworks governing the movement and practice of legal professionals.