Death robs 'village of judges' of a distinguished jurist

An old photo of the late Judge Andrew Hayanga.

Photo credit: File | Nation Media Group.

West Yimbo ward in Siaya County may not be one of the more popular areas you've heard of, but one thing you can't take away from it is its wealth of judges.

For most of this week, however, the villages of West Yimbo ward have been plunged into mourning following the death of one of the pioneering judges who inspired many to follow in his footsteps.

Retired judge Justice Andrew Isaac Hayanga died at the age of 78 while receiving treatment at the Aga Khan Hospital in Mombasa.

According to his wife, Mrs Christine Hayanga, the judge died as a result of a heart problem.

"He was fine but developed complications during an operation," Mrs Hayanga said.

Justice Hayanga, who hailed from Misori village in West Yimbo Ward, retired more than seven years ago.

Mr Hayanga is the brother-in-law of former Vice President Moody Awori.

His death has hit the quiet village of Misori and neighbouring villages in West Yimbo Ward, which are also home to many judges, hard.

For Kenya's Supreme Court judge, Justice William Ouko, the late Hayanga was a colleague and mentor, and his death came as a shock.

"I am shocked beyond words. Although his health was failing, I didn't know it was that serious. Apart from being a fellow villager and colleague, he was my mentor: he was one of the people from my village who inspired me to become a lawyer with his artistry in articulating legal issues," Justice Ouko said in a text to the Nation.

He added: "As a judge, his judicial work was highly respected and he contributed immensely to the development of the law in this country. My deepest condolences to Christine and the family for this great loss".

CJ Koome, He was distinguished

Justice Hayanga's death has also touched the highest echelons of the judiciary, with Chief Justice Martha Koome describing him as a distinguished jurist who delivered numerous judgments and decisions that enriched the country's jurisprudence and contributed to the development of the legal system.

"Justice Hayanga was an exemplary jurist and a steadfast defender of justice, known for his unwavering commitment to the rule of law and the protection of human rights," said Ms Koome.

She cited an oft-cited landmark ruling by the retired judge in the case of Dominic Arony Amolo and the Attorney General in 2003.

The ruling opened the door for victims of historical human rights violations during the repressive political era to seek redress after the 2002 transition.

"In his ruling, he held that the Statute of Limitations did not apply to constitutional claims. His legacy will undoubtedly continue to inspire future generations of judges and lawyers," said Ms Koome.

She described Justice Hayanga as not only a mentor but also a friend to many in the judiciary for his kind and generous nature that touched many lives with courage, warmth, wisdom and foresight.

"It is our nature that we all find solace in the memory of his remarkable life and the lasting impact he made in the pursuit of justice," said Ms Koome.

The jurist is also remembered for his ruling in November 1994 in the protracted legal battle over the burial of Kenya's gold medal boxing champion Robert Wangila.

The battle, which lasted 48 days, pitted Mr Wangila's wife and the Muslim community against his mother and two men who each claimed to have fathered him.

His death remains a severe blow to the community he inspired.

West Yimbo County was thrust into the limelight last year as the home of Kenya's top legal minds following the nomination of Mr Ouko, then a Court of Appeal judge, to the Supreme Court.

The small town of Usenge, and more specifically Yimbo West Ward in Bondo Sub-county, was thrown into celebration over yet another legal brain from the 'village of judges'.

West Yimbo boasts of judges and legal minds starting with Justice Ouko who hails from the Goye clan, Court of Appeal Judge Hannah Okwengu from Honge Beach and retired judge Andrew Hayanga who hails from Misori.

Also from Goye are the orator and brilliant lawyer Patrick Loch Odhiambo (PLO) Lumumba and the late Martin Otieno Opiacha, a distinguished legal mind and one of the lawyers who defended soldiers implicated in the 1982 coup attempt.

For many of these prominent figures, the secret of their legal prowess lies in strict parents who insisted on education rather than joining the fishermen on Lake Victoria.

Almost all of these judges and lawyers attended Usenge Primary School, also within Yimbo.

Their appetite for books at a tender age kept them away from farms and hard labour to pursue the education that led to the brains seen from Yimbo.