Dennis Asiimwe (DA): Morning, Edgar. I have often wondered – would the honorary term ‘Senior Counsel’ be accurately applied when addressing you?
Edgar Tabaro (ET): {Laughing into his coffee} The title Senior Counsel is conferred upon you by the President of the Republic of Uganda, and there are regulations and a procedure for that. I am a senior in the profession, yes, with 23 years on the roll of advocates, but that title has not yet been conferred upon me. The process of conferring this title is not done regularly in Uganda, but it is regular in Kenya, South Africa, and Nigeria.
The colloquialism is “He took silk,” because Senior Counsel wear silk gowns. For certain offices, it is almost automatically conferred upon you. The Attorney General and the President of the Law Society are good examples. The process involves specific considerations – a minimum of 20 years in practice, there’s an application process you go through where you present the cases you have argued, that sort of thing.
DA: What happens when this title is conferred on you? What are the immediate implications?
ET: Oh, it’s a very prestigious title…when you go to court, your matter is called before others…you don’t appearalone in court, you appear with an assistant or an associate…and more importantly, their fees are higher than ordinary fees.And when costs are being awarded in court, that is taken into consideration.
The conversation then switched to his early life experiences…
ET: I had a pleasant, comfortable childhood. I was born in Soroti Hospital. My dad was working in Soroti as a Grade One Magistrate. I grew up in Kololo, and many of the old families from our neighbourhood have become wonderful, lifelong friends, including the Bakashabaruhanga family, the Justice Odoki family, and others.
It was a grounded upbringing – we walked to school each day, and only got dropped off if it was raining. As kids we spent the holiday working on the family tea estate in Fort Portal. It ignited a passion for farming in me. To this day, I am a practising, passionate farmer.
I attended Catholic schools. My mum is deeply Roman Catholic, a practising Roman Catholic from a deep Catholic background…her family contributed land for the development of schools. My dad is Anglican and a little liberal on spiritual matters. I grew up as a Catholic, and the Roman Catholic tradition was instilled in me: truth, justice, and caring for the needy. This influenced the way I perceive things.
My primary education involved several schools, not because I was a naughty student, but because my parents were civil servants. Actually, my father was a judicial officer, and he is a retired judge; this meant that there were several job postings involving movement around the country. I sat my PLE exams at Nakasero Primary School and then joined Namilyango College for my O-levels and A-levels. I am a proud OB, and I won’t hesitate to add that I served as Head Prefect. The Mill Hill Missionaries greatly influenced the school’s processes so the school is notably systemic. Namilyango College behaves like a big family – from its inception, it has never discriminated in terms of ethnicity or class. It helps its alumni thrive within society, and whether in private practice or public office, they stand out.
I completed my LLB at Makerere University, followed by my bar course at the Law Development Centre, and then obtained my Master’s degree at the University of the Witwatersrand in South Africa in 2021. I then registered for my PhD but I haven’t found the time to complete that…I do hope to, though!
DA: I would like to get the backstory on KTA Advocates. We know it as a respected law firm, one of the leading law firms in the city, but we would love to know how it started, and where you feel the firm is headed, strategically.
The original nameplate for the company was Karuhanga, Katutsi and Tabaro Advocates. We changed it to attract other partners. We started in October 2009 with Justus Karuhanga, who was at State House; I was a senior lecturer at the Law School in Mukono; my younger brother, Edwin, was a partner at Mwesigwa Rukutana and Advocates; and Peter Katutsi, the son of a judge. Peter Katutsi left after two months because his vision was to set up a boutique practice, while ours was a little grander; it was a matter of different visions. Justus, Katutsi, and I were classmates at university, while Edwin and Peter were also my OBS from Namilyango College, and so we got along pretty well.
He had an additional anecdote about the firm’s history.
ET: By some odd coincidence, the three of us, Justus, Edwin and I, were all trained by Mwesigwa Rukutana. A fourth partner who joined us later was also trained by him. Initially, Edwin was in charge. Justus Karuganga was running for MP in Bushenyi County against Mwesigwa Rukutana, and he was absent for most of that early period. I was teaching at UCU Mukono. Eventually, of course, I resigned my position as a lecturer and took up residence at the firm, as did Justus, because he was not successful with his MP bid.
DA: What was the beginning like?
We started by setting up at Esami House. It was not easy – I recall that we had to obtain an overdraft to manage our operations. However, even that aspect was challenging – the big banks were reluctant to lend us money. We got a break, though. A friend of mine, Jimmy Kanagwa, a decker-mate from Namilyango College who is now the MD of Ecobank Ethiopia, was a director in Ecobank Uganda and was able to facilitate our access to a facility we used at the firm.
At that time, I was a board member of Uganda Communication Commission, and my retainer was enough to reassure the bank with regards to the facility. At the time, we also had some active management accounts that we were servicing, which strengthened our position in accessing this facility.
We struggled on, and moved to Nakasero, and then attracted Justice Tabaro, who took early retirement from the bench and joined us as a consultant.
In 2019, Justice Bamwine, a retired Principal Judge, also joined us as a consultant.
Over the years, the three partners attracted another five. These include two law firms, one headed by Kenneth Muhangi, and another with a partner trained in Kenya, where we hope to open a branch and where he will take the lead. Additionally, we have a partner from Burundi and Ms. Aasmahaney Saad, heads the branch we have opened there.
Our vision is to grow beyond Uganda and to service the region. When the political situation stabilises in the DRC, we intend to establish a presence there as well. We were working to set up in Khartoum before it went up in flames, but we still have our eye on it.
DA: What was it like practising law in Uganda when you started practising? What has stayed the same, what has changed?
When I started practising, I began with Mwesigwa Rukutana and Company Advocates, whose focus was litigation. They were one of the top 5 law firms in the country. At the time, there were very few judges and magistrates, and the number of lawyers had not yet risen to the numbers we have now.
However, the completion rate of cases was higher than it is today. Yes, we have always had the issue of backlog, but today it seems to be getting worse.
The paperwork back then was a nightmare. Today, everything is digital, with judgments also being delivered online. Today, you can show up to court with your iPad. During COVID-19’s lockdown, I remember attending a court session over Skype – it was a novelty at the time. It is an everyday thing now, though we use other platforms, of course, because Skype is closed.
Another of the things that has changed is the value of the transactions. They have gotten much bigger. When we started, it was rare to hear of transactions worth UGX. 100M. Now, transactions worth billions of shillings are an everyday occurrence, though they admittedly are limited to the larger firms. We are blessed to have one or two of these transactions come our way.
DA: What has your experience been away from the private sector? Have you left your mark there?
ET: I was the inaugural Managing Director of Uganda Broadcasting Corporation. That lasted 14 months and was one of the hardest times I have ever faced. It was there that I came across a powerful clique.
We would be in the boardroom discussing budgets, things we are going to procure, the suppliers we are going to use and by the time you head out for lunch, you bump into someone who already has a recording of what you were discussing in the meeting. And this was even before the era of smartphones or the sort of digital technology we have today that makes recording easy.
UBC had over 100 acres of land in Kampala, and it was being disbanded left, right and centre, like at an auction. By the time they were done with it, there were about 15 acres left.
After Uganda Broadcasting Corporation, I was appointed to the board of Uganda Communication Commission, where I was heading the Sub–Committee on Technical Matters. And that is where I came across an even more powerful clique. {Laughing}
At the time, there was an Analogue–Digital Migration project worth $77 million, which UCC was angling for. And I was against it – UCC is a regulator, and this can only be done by the state broadcaster. In my mind, that would be a role played by UBC, which had a fine team of engineers. I had nominated for that role while I was still there.
I put my foot down somewhat naively, and I was kicked off the board at UCC.
DA: What’s your philosophy on success?
Rwanda’s Mary Baine Appointed New Executive Secretary of African Tax Administration ForumET: I don’t believe in amassing property. I tend to live modestly. But in the legal profession, the mark of success is how you have impacted the profession. Its growth, in the form of mentoring, people’s rights in the courts of law, that sort of thing. I taught at law school for 11 years of my life – I have a number of judges I taught.
DA: And your philosophy on governance?
ET: I believe in people participation, not participating people. People should own these processes.
DA: What about service and professional ethics?
Ethics are surprisingly malleable. What was unethical ten or twenty years ago may not be unethical today. However, there are certain tenets that the profession stands by, certain non-negotiables. And you will notice a lot of young lawyers today flaunting them, living lavish lifestyles as a result.
DA: What would be your advice for young lawyers?
ET: Acquire the knowledge, acquire the skills. It doesn’t happen overnight, and you have got to put in the effort.
DA: I know one of the things you are passionate about is farming…
ET: Edwin, my brother, Justus Karuhanga, together with the former vice president of Khartoum (the Moubarak family), jointly own an abattoir in Nakasongola. We also have a ranch where we do feedlots. We took to learning from President Museveni – he is one of the best cattle breeders in this country. Speaking frankly, the learning curve is brutal. I think I am more comfortable with cultivation than cattle breeding.
DA: Did you always want to be a lawyer?
ET: I think it was the natural progression of things. We are told to go to school, study hard, get a good course, and qualify for a profession that is feasible. I was also always surrounded by people in the legal profession. My father, of course, a family friend close to my dad, Justice Eldad Mwangusya, who were a person I admired and wanted to be like.
DA: In that same vein, are there people who mentored you within the profession, who impacted you…?
ET: Very much so.In my early primary, it was the late Mrs. Kajura. Then there was a family friend many people mistook for my dad, the late Benon Kabagambe, an educational officer who rose through the ranks to become a Regional Education Officer. He was a natural teacher, a really inspirational person. We used to call him Uncle Ben. In Nakasero Primary School, it was my headmaster, the late Jackson Murara, who had such an impact on our drive. At Namilyango College, it was the headmaster, the late Peregrine Kibuuka, along with the Deputy Headmaster Deo Seburimage, who shaped us deliberately as his students…there’s the current Commissioner for Education, Dr. Cleophus Mugenyi, who was my teacher once when I was involved in an altercation in class. He did not reprimand me. He called me for tea, sat me down and said to me, “This is not you.” He groomed and mentored me. In school, there were students who greatly influenced who I am, like Charles Kataratambi, the Assistant Head of Police and Head of Legal, and Pius Biribonwoha, who is now the Solicitor General. At Makerere University, I would say Professor Olok Onyango, Professor Juuko, Professor Kasimbazi Emmanuel, and the late John Ntambirwekyi, who all helped me maximise the opportunity of studying at Makerere University. It would also be remiss of me not to mention Justice Eldad Mwangusya.
When I started practising, I was mentored by Mwesigwa Rukutana, who taught me to understand the nuances of the court. One of the earliest things I learnt from him was that courts are presided over by human beings, so it is essential to engage with the court at every opportunity and tap into the benefits of humour, which I have come to be adept at.
Another who comes to mind is Alex Ruzida of NARE Advocates, whom I also consult for personal advice, and whom I consider the ultimate gentleman, especially when it comes to etiquette. Additionally, I appreciate Andrew Kasirye of Kasirye and Byaruhanga Advocates. Andrew Kasirye taught me at LDC, which was interesting because my dad taught him when he was at LDC. Andrew Kasirye was very helpful when I was starting teaching. He was president of the Uganda Law Society and also sat on the committee that approves facilities for continued education, and was helpful to me in immeasurable ways. At my wedding, he spoke on behalf of my learned colleagues.
DA: How has KTA Advocates tried to position itself strategically? What gap does it seek to fill in the sector?
ET: I taught Intellectual Property as a lecturer because it was one of the areas I specialised in at university. And it was one of the gaps in the industry that we focused on as a firm. As I took on this specialisation, I was influenced by Justice Ntabgoba, who was a patent examiner in the early years of his career. We actually defended President Museveni in the Mpekoni case, if you remember the re-election song You Want Another Rap. Our defence was successful.
We were also one of the first law firms in Uganda to apply for patents. You know the Janzi? We had to fly in a patent examiner in that regard.
We also did the same for software innovations and within technology. In addition, we are in a partnership with NSSF in this regard whom we provide with legal services, efforts that enable us to have impact within the urban community where we operate.
We recently launched the East African Carbon Credit Market, which we are spearheading.
DA: If you had the power to reform any aspect of the Ugandan legal system today, what would it be?
ET: I would facilitate a mindset change. As a $66 billion economy, we are no longer an LDC, but we still have an LDC, and this is reflected across everything, including our legal system.
DA: What lessons have you learned about leadership across different contexts (law, public service, traditional institutions)?
ET: Leadership is a very challenging role. It calls for restraint, emotional intelligence, and it calls for vision – a shared vision. We have had a tragic failure in leadership and a crisis of confidence because of the problem of a lack of a shared vision.
DA: What personal habits may have contributed to your success?
ET: I love to read, I love reading, and reading is instrumental to the legal practice. I have also learned the importance of restraint. I have a terrible temper, but I understood at an early point the importance of restraint, of a sober mind, and of civility while dealing with anyone and everyone. These things have gone a long way in helping me.
DA: What legal matter has been your greatest professional satisfaction?
ET: There was a young man called Hamid Kisitu from Kawempe. His phone was grabbed by a thief, and he raised an alarm. A mob responded, pummeled the thief, who unfortunately, died. The police went for the easy target; the young man was arrested as an instigator and blamed for the thief’s death, a lynching he did not participate in. He was charged with a common intention to murder. He was being held in Luzira on remand, where he was struggling with liver failure, and the prison health facilities could not handle his situation. I was approached by the late Mrs. Hatega, a retired ambassador, who approached us to take on the matter. We filed for bail on the 23rd of December. Served the DPP who heard the matter the following day, and Hamid was given bail. he was taken to Bombo for treatment, and subsequently he was acquitted. The matter reinforced my belief in the system, in the criminal division.
DA: What hobbies or passions outside the law do you have?
ET: I love listening to music. Afro jazz, classical music – I find classical music relaxing. I like farming – we are involved in commercial farming, over 100 acres of coffee and tea in Fort Portal. I go there regularly. Not gardening, mind–farming.
DA: Finally, what message do you have for Uganda’s business community about the importance of sound legal practice and governance in national development?
ET: There are now standards that are expected, systems of doing business, and systems and standards by which successful economies are streamlined. We need to adopt these in order to interact with these economies and these businesses. Our accounting systems, our archiving systems, and our information management systems need to align with what is thriving within the global marketplace.