Overview:
The arrest has since intensified scrutiny over the balance between security operations and civil liberties, raising fresh questions about the protection of legal rights in politically sensitive cases.
The Uganda Law Society (ULS) has sharply criticized security agencies over what it describes as the unlawful arrest of Advocate Kakuru Tumusiime, counsel affiliated with the National Unity Platform (NUP), warning that the incident strikes at the heart of legal independence and constitutional governance.
Tumusiime was reportedly detained on Monday while attempting to access his client at the residence of NUP President Robert Kyagulanyi in Magere. He had been accompanied by a delegation of party officials led by NUP Deputy President for Eastern Uganda, John Baptist Nambeshe.
According to party sources, the lawyer was taken under heavy security deployment and transferred to Kawempe Division Police Command without immediate explanation from authorities regarding the legal basis for his arrest or continued detention.
In a strongly worded statement issued the same day, the Uganda Law Society said the arrest “transparently contravened” established legal protections that guarantee advocates the freedom to consult with clients, represent politically sensitive causes, and discharge their professional responsibilities without intimidation or interference from the state.
“No lawyer should face detention or sanction simply for fulfilling their ethical obligations to provide legal assistance,” the statement read in part, emphasizing that the independence of the legal profession is a cornerstone of justice and democratic governance.
The Society cited internationally recognized standards safeguarding lawyers’ rights and duties, including principles that guarantee legal practitioners the freedom to perform their professional functions without harassment, travel and consult with clients freely, and operate without fear of prosecution or administrative sanctions for actions undertaken in accordance with professional ethics.
It further underscored provisions requiring authorities to safeguard lawyers whose security is threatened as a result of their work and prohibiting the identification of lawyers with their clients’ political or personal causes.
International benchmarks, including standards set by the International Bar Association (IBA), similarly affirm that lawyers must be permitted to act freely, diligently, and fearlessly in the legitimate interests of their clients, without undue pressure from authorities or the public.
The Uganda Law Society has demanded that authorities immediately clarify the legal grounds for Tumusiime’s arrest and ensure his fundamental rights are respected, including prompt access to counsel, family, and medical care if necessary. It also called for his swift release should no lawful basis for continued detention be established.
Beyond the individual case, the Society urged security agencies to cease actions that hinder lawyers’ access to clients or interfere with the administration of justice, and to uphold protections for legal practitioners whose safety may be jeopardized by the nature of their work.
Declaring solidarity with Tumusiime and other advocates facing similar challenges, the Society announced the formation of a pro bono legal team prepared to provide support.
“We will continue to monitor developments closely and advocate vigorously for the protection of lawyers’ independence as an essential pillar of the rule of law and access to justice in Uganda,” the statement concluded.
The arrest has since intensified scrutiny over the balance between security operations and civil liberties, raising fresh questions about the protection of legal rights in politically sensitive cases.
Being charged with an offense of common nuisance, Kakuru was later released on police bond.