Kenyan lawyer Martha Karua has petitioned Ugandan Chief Justice Flavian Zeija and Attorney General Sam Mayanja, urging their intervention over the arrest and prosecution of lawyer Erias Lukwago and what she described as Uganda’s deteriorating rule of law.
In a June 16 letter seen by this publication, Karua, who holds a special practising certificate allowing her to appear before Ugandan courts, said the judiciary’s independence was being eroded and called on the country’s top legal officials to act urgently.
“The abduction of Mr Lukwago constitutes a direct affront to the authority and dignity of the courts. It amounts to brazen intimidation, not only of Mr Lukwago and his legal team, including myself, but also of advocates generally who undertake representation of persons perceived to be unpopular with the government,” Karua wrote.
Lukwago, Kampala’s former Mayor and one of the defence lawyers in the treason case involving detained opposition figure Dr Kizza Besigye, was arrested from his home in Wakaliga on Monday and taken to an undisclosed location.
Shortly after the arrest, Chief of Defence Forces Muhoozi Kainerugaba posted on X that he had captured “a fool” before sharing photographs purportedly showing Lukwago, posts that drew criticism from activists and opposition supporters.
Lukwago was later transferred to Kira Police Station before being charged with misprision of treason at Makindye Chief Magistrate’s Court.
Karua told the Chief Justice that safeguarding the authority and independence of the judiciary, and ensuring advocates can perform their duties without intimidation, falls squarely within his mandate.
“Your Lordship, the responsibility of safeguarding the authority and independence of the Judiciary, and ensuring that advocates, as officers of the court, are able to discharge their duties without let or hindrance, rests squarely with the office you hold,” she wrote.
Addressing the Attorney General, Karua said the government’s chief legal adviser had a duty to advise state officials whenever their actions violate the Constitution and laws of Uganda.
She cited Article 208(2) of the Constitution, which requires the Uganda People’s Defence Forces to remain non-partisan, professional and subordinate to civilian authority.
“The Uganda People’s Defence Forces, including the Chief of Defence Forces, are subject to the laws of Uganda as administered by the courts of judicature. They have no lawful authority to arrest an advocate in the course of carrying out his professional duties. Their actions can only properly be described as an abduction,” Karua said.
At the time of his arrest, Lukwago of Lukwago and Co. Advocates was part of the legal team representing Besigye and Obeid Lutale in proceedings before the High Court’s Criminal Division presided over by Justice Baguma.
Officials from the opposition People’s Front for Freedom (PFF), where Lukwago serves as president, said he was preparing to serve court summons on Kainerugaba, one of the respondents in the matter, when he was arrested.
Karua urged both the Chief Justice and Attorney General to act swiftly to protect the rule of law and fundamental freedoms.
“I therefore urge Your Lordship and the Honourable Attorney General to act with urgency in defence of the rule of law and the protection of fundamental rights and freedoms, particularly Mr Lukwago’s rights to liberty, dignity and due process,” she wrote.
She added that advocates must be protected and respected while carrying out their professional duties as guaranteed under Uganda’s Constitution and laws.