Kenya's former Justice Minister and leader of the People’s Liberation Party (PLP), Martha Karua, has filed a lawsuit against Uganda's deportation decision. Karua was barred from entering Uganda on June 22 at Entebbe International Airport. She was set to represent Dr. Kizza Besigye, a Ugandan opposition leader, and Hajj Obeid Lutale, who face treason charges. Karua, in collaboration with the Uganda Law Society, is challenging the deportation decision.
Karua obtained a Special Certificate of Authorization to practice in Ugandan courts. However, upon arrival, immigration officials blocked her entry, confiscated her phones, and later issued a notice for her to return to Kenya. Besigye and Lutale were arrested in Nairobi in November 2024 and face treason charges. The duo was initially presented before a Ugandan Military Court before being transferred to a civilian court.
The Ugandan High Court previously declined to determine the legality of the immigration decision. The court stated that the matter should be presented through a judicial review process, dismissing the application. Karua and the Uganda Law Society argue that the deportation decision was unlawful, arbitrary, and without legal basis. They seek to have the decision quashed and an order issued to prevent immigration authorities from interfering with Karua's right to enter Uganda for professional purposes.
Anthony Asiimwe, Deputy President of the Uganda Law Society, provided an affidavit in support of Karua's case. He stated that Karua holds a Special Certificate of Authorization issued under Section 18 of the Advocates Act. This certificate permits her to lead a defense team in the Besigye and Lutale case. Asiimwe claimed that he traveled to Entebbe to receive Karua but found that immigration officials had already barred her entry.
The applicants argue that Karua was denied a chance to be heard and provide reasons before the deportation decision was made. They claim that the action violated Uganda's Constitution, the East African Community Treaty, and principles protecting the independence of the legal profession. Karua allegedly suffered professional and financial losses due to her inability to return to Uganda to fulfill her duties.
Before filing the lawsuit, the Uganda Law Society attempted to resolve the matter through administrative channels. Letters attached to the case show that the society requested Ugandan authorities to revoke the deportation decision and allow Karua to enter the country. As of now, Uganda's Attorney General has not submitted a response to the claims made in the new case.
Key points in the case include Karua's assertion that her deportation was unlawful and her request for the decision to be quashed. The applicants also seek an order to prevent immigration authorities from interfering with Karua's right to enter Uganda for professional purposes. Additionally, they request the court to direct immigration authorities to re-evaluate the matter.
Key points
- Karua was barred from entering Uganda on June 22 at Entebbe International Airport.
- Karua was set to represent Dr. Kizza Besigye and Hajj Obeid Lutale, who face treason charges in Uganda.
- The applicants argue that Karua's deportation decision was unlawful, arbitrary, and without legal basis.
