Narc Kenya party leader Martha Karua has applied to the Uganda Law Council for a temporary practicing certificate to represent Ugandan opposition politician Dr Kizza Besigye, as the lead counsel, as he faces trial at a Ugandan military court.
In a letter dated November 25 to the Secretary/Commissioner of the Uganda Law Council, Ms Navakooza Margaret, Ms Karua says the application is in line with Section 13 of the Advocates Act Chapter 267 of Uganda.
"I am an advocate of the High court of Kenya conferred with the rank of Senior Counsel, and licenced to practice law in Kenya as confirmed by a copy of my practicing certificate...and a letter from the Law Society of Kenya," she said.
“I have been instructed by Lukwago and Company Advocates to join them as lead counsel in the proceedings...which I have accepted.”
Appearing before the general court martial chaired by Brig Freeman Mugabe in Kampala last week, the prosecution stated that Dr Besigye and Mr Lutale were on November 16, 2024, while at Riverside Apartments in Nairobi, found in unlawful possession of eight rounds of pistol ammunition, which are ordinarily the monopoly of the Uganda Peoples' Defence Forces (UPDF).
In the first count, the two were charged with offences relating to security contrary to section 128 (1) (f) of the UPDF Act, Cap 330. They are also charged with unlawful possession of ammunition contrary to section 4 (1) & (2) of the Firearms Act, Cap 320.
The army claims that besides Nairobi, the duo, and others still at large, committed the offences in Athens (Greece) and Geneva (Switzerland) between October 2023 and November 2024.
The prosecution also claims that Dr Besigye and Mr Lutale held meetings in Nairobi, Athens and Geneva that were aimed at soliciting logistical support and identifying military targets in Uganda, with the intent to prejudice the security of the Ugandan army.
However, lead defence lawyer Erias Lukwago, who is also interim president of Dr Besigye's FDC Party, argued that the charge sheet was defective since the alleged offences were committed outside the jurisdiction of the Ugandan army and the Kampala-based court.
According to him, the army tribunal has no universal jurisdiction to hear cases allegedly committed in the entire world.
"All the acts highlighted in this charge sheet do not constitute criminal offences within the laws of Uganda. The UPDF Act is not applicable in Kenya, Switzerland or Greece. Unlawful possession of firearms? Firearms Act of which country?," Mr Lukwago wondered.
"The charge sheet is ambiguous in nature. This is a defective charge sheet which should not sustain any criminal proceedings before this tribunal. It's our prayer that this honourable tribunal strikes out this charge sheet accordingly."
According to Mr Lukwago, Dr Besigye and Mr Lutale were arraigned before the army court illegally.
The duo had been abducted in Nairobi on Saturday November 16 ahead of Ms Karua’s book launch; ‘Against The Tide’, on Sunday November 17.
