The Bar through its Chairman, Senior Counsel Philip Murgor, says Karua was detained while in Uganda to attend the court mention and bail ruling of Hon. Erias Lukwago and has been denied access to her lawyers, defence team and family.

The Senior Counsel Bar said the detention and threatened deportation of Karua violated her rights and amounted to interference with her duties as an advocate representing a client before a Ugandan court.

The Bar has demanded that Karua be granted immediate access to her lawyers, family and the Kenyan diplomatic mission, while calling for any deportation process to be halted pending lawful determination.

The statement further urged the diplomatic missions of Kenya and the international community, alongside relevant United Nations Special Procedures, to urgently intervene in the matter.

The Senior Counsel Bar of Kenya demanded “the immediate and unconditional release of Hon. Martha Karua SC, and non-interference as she goes about her duties in Uganda and elsewhere as a duly accredited advocate to appear before a Ugandan Court to represent an accused person.”

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The suspension threatens access to markets for Kenyan farmers, exporters, and manufacturers just months before the peak export season.

Trade Minister Lee Kinyanjui described the appeal as urgent, emphasizing the economic risks of leaving the ruling in place.

“We cannot allow Kenya’s exporters and farmers — who depend on access to EU markets, to bear the brunt of a legal technicality,” he said. “We will challenge this ruling decisively.”

The ruling follows a challenge by a civil society group arguing that Kenya’s deal with the EU violated regional East African Community (EAC) rules because other member states were not consulted.

While the court did not invalidate the agreement outright, it suspended implementation pending a full hearing.

The EU–Kenya Economic Partnership Agreement (EPA) has been a lifeline for Kenyan exports. It offers duty-free access to the EU for products such as tea, coffee, fruits, vegetables, and flowers.

In 2024 alone, exports under the EPA were valued at over USD 1.5 billion, supporting thousands of farmers and exporters nationwide.

“The suspension threatens livelihoods across the country,” said Jane Mwangi, a horticulture exporter in Naivasha.

“Our contracts with European buyers depend on stable market access, and any delay affects both income and jobs.”

Analysts warn that the ruling could have broader implications for Kenya’s economy.

Reduced export access would not only affect small and medium businesses but also risk foreign exchange shortages, price increases for consumers, and reduced investor confidence in the country’s industrial sector.

The government has pledged a dual approach: a legal appeal in court and diplomatic engagement with EAC partners to ensure the deal’s continuity.

Officials say Kenya remains committed to the EPA, noting its role in boosting value addition, industrial growth, and long-term economic diversification.

“This is more than a trade dispute. It tests Kenya’s ability to balance national economic interests with regional obligations. The outcome will influence investor confidence and the future of export-led growth,” Political economist Dr. Patrick Otieno explains the wider significance.

Meanwhile, farmers and exporters are bracing for uncertainty.

Many are calling for government support to navigate potential supply chain disruptions and meet EU standards amid the legal limbo.

The appeal will be closely watched by stakeholders across Kenya, as it will determine not only market access to Europe but also set a precedent for how the country navigates regional trade obligations and protects national economic interests.

With the clock ticking, all eyes are on Nairobi and the EACJ as Kenya fights to safeguard its economic lifeline, protect jobs, and secure market access for its critical agricultural exports.

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In a replying affidavit filed at the Milimani High Court Constitutional and Human Rights Division, EACC’s Director of Legal Services and Asset Recovery, David Too, confirmed the agency’s support for the presidentially-established Multi-Agency Team on War Against Corruption (MAT-WAC), despite its leadership by the Executive Office of the President.

“The EACC is therefore, in principle, in favour of MAT-WAC framework so long as the independence of the Commission is safeguarded,” said Too in the affidavit.

This admission comes in response to a petition filed on August 20, 2025, challenging the legality and constitutionality of the new team, whose establishment was announced via a Presidential Proclamation on August 18, 2025.

The proclamation brought together 11 institutions, including the Directorate of Criminal Investigations (DCI), National Intelligence Service (NIS), Kenya Revenue Authority (KRA), Office of the Director of Public Prosecutions (ODPP), and the EACC itself.

The inclusion of the Executive Office of the President as Chair has drawn scrutiny, with petitioners arguing it threatens the autonomy of independent commissions.

But EACC downplayed those concerns, saying: “Independence does not mean acting in isolation from other state organs,” stated Too.

“The Commission is required to collaborate with other state agencies in the exercise of its mandate since the fight against corruption requires all hands on deck.”

Too further defended EACC’s participation in MAT-WAC by citing multiple legal and policy frameworks supporting inter-agency cooperation, including Section 11(3) of the EACC Act, Article 38 of the United Nations Convention Against Corruption, and Supreme Court precedents.

“Collaboration creates synergy while leveraging on the unique strengths of each entity,” he noted.

“This prevents inefficiencies, missed opportunities, and operational failures.”

Despite reaffirming EACC’s status as a constitutionally independent commission under Article 249(2) of the Constitution, the affidavit emphasized that “integration, linkages, partnerships, teamwork” are critical tools in a modern, whole-of-government anti-corruption strategy.

However, legal experts others argue the statement that EACC is “ready to work under” a team chaired by the President’s office could set a dangerous precedent.

“This is more than just collaboration. It borders on surrendering autonomy,” said a constitional lawyer  familiar with the case, who requested anonymity.

In his affidavit, Too emphasized that the anti-graft body’s involvement in MAT-WAC is not a constitutional compromise but a strategic necessity.

“The members of MAT-WAC are institutions with crucial information that could expedite investigation and prosecution of corruption offences and recovery of assets obtained from corrupt activities,” he said.

The petitioners, led by activist Dr. Magare Gikenyi, are seeking a declaration that the presidential proclamation violates the Constitution by compromising the independence of commissions like the EACC.

They claim that the president has ursuped the mandate of constitutional offices including EACC, ODPP and the graft Taskforce is therefore illegal, and unconstitutional.

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