HABARI DAILY I Kampala, Uganda I Uganda’s opposition leader Rtd Col. Kizza Besigye stands a chance of gaining his freedom after his lead counsel, was granted a practicing certificate by the Uganda Law Council.
Besigye, who was allegedly abducted in Kenya and later court-martialed in Uganda, alongside his friend Hajji Obeid Lutale Kamulegeya, is being detained at the Luzira Maximum prison over a series of alleged offenses, including illegal gun possession, money laundering and alleged political concerns.
Martha Karua, the Narc Kenya party leader, has been refered to as a firebrand and has both the political and legal muscles to urgue Besigye’s case which will lead to his freedom.
“We are ready to floor Government legally on Tueday when Besigye is produced in the General Court Martial. We expect to win the argument that he is being tried in a wrong court. This will prompt the authorities to shift him to a civilian court, where he will easily get bail,” said one of Besigye’s councils on condition of anonymity.
He however said the matter also ties to a pending Supreme Court judgment on the legality of trying civilians in military courts.
“The Constitutional Court nullified such trials, although the Attorney General has appealed,” he said, noting that the case, which involves former MP Michael Kabaziguruka’s petition, awaits a decision from a seven-judge Supreme Court panel.
Legal win
The Uganda Law Society, through which the new application was channeled following the denial of the first application, was upbeat.
Karua, the Narc Kenya party leader making her point
“The Law Council has granted a temporary Practicing Certificate to Hon. Martha Karua, following her reapplication. This was as directed by our #RadicalNewBar President, Isaac Ssemakadde,” the Ugandan Law Society said in a statement.
The council was chaired by Court of Appeal Justice Irene Mulyagonja, and included the Uganda Law Society President Isaac Ssemakadde and the Solicitor General.
According to Ssemakadde, Karua, who is also Kenya’s former justice minister, has already obtained her certificate and is due to file it with the General Court Martial, enabling her to lead Besigye’s legal team on Tuesday.
He referred to the first denial, which was on grounds that Karua’s nationality documents and academic qualifications were not attached to her application, as well as that of Erias Lukwago, another lawyer representing Besigye, as an illegality.
Lawyers at the Law Society of Kenya had urgued that the move was against the Common Market Protocol that guarantees the free movement of people, goods, services and capital in the East African Community Under Article 126 of the treaty that established the East African Community.
They had threatened reciprocal measures against Ugandan advocates.
