Tempers flare as Karua gets chance to defend Besigye in Uganda military court

Kenyan Senior Counsel Martha Karua finally got a chance to defend Ugandan Opposition leader Kizza Besigye and his ally Abeid Lutaale before the Ugandan Court Martial after a protracted battle to get a temporary license.

The two accused of holding illegal firearms had been detained since mid-December last year at Luzira Maximum Prison.

However, there was a confrontation between Karua’s team of lawyers and court orderlies at the entrance of the Makindye General Court Martial.

During the proceedings, Karua clashed with the Judge Advocate of the Court Brigadier Richard Tukacungurwa after the latter demanded practicing certificates from all defence lawyers.

“We have been subjected to difficult conditions and the court orderlies have been harassing some of us. At the same time, we have not been able to access clients to have written directions as per the law. Therefore, we find it hard to proceed under the circumstances. One of our colleagues (Eron Kiiza) was also accosted earlier and this is just not right. We seek and appeal to this court to allow us to operate normally. The accused persons as it is cannot be able to get justice,” the former Justice and Constitutional Affairs minister protested.

Karua  also had several run-ins with Brigadier Tukacungurwa on matters of procedure with the Court Martial Chairperson Brigadier Robert Freeman Mugabe stepping in to contain acrimony while advising the defence team to discuss with their clients on issues of instructions.

Another key figure in the defence team is the Lord Mayor of Kampala Erias Lukwago. He accused the Judge Advocate, who is the Principal Advisor to the General Court Martial, of making rules of procedure cumbersome and needless.

“It is a perversion of justice that we cannot be allowed to see and talk to our clients. We need to have written instructions from our clients so that we proceed properly and that has been difficult since when he is in prison, you can only talk via phone,” he said.

“Now, we are being told we need our practicing certificates to operate yet they have expired. We have a grace period of three months to work with the old ones but we still face complications. We insist that the accused persons are entitled to representation and so locking out some lawyers from this matter which is crucial beyond our borders is unfair. We need justice to be served,” a visibly agitated Lukwago told the packed court.

The court is also set to rule on a motion challenging its jurisdiction to try civilians, including Besigye and Lutaale, for alleged offences allegedly committed abroad, in Geneva, Greece, and Kenya.