A mourner signs a condolence book next to Justice David Majanja’s portrait at the Milimani Law Courts in Nairobi on July 11, 2024.
Resolute in his decisions but a warm and friendly judge.
These are some of the words used by lawyers and judges to describe Justice David Shikomera Majanja, who died on Wednesday July 10 at Nairobi Hospital, after undergoing a successful surgery.
The judge, lawyers who had interacted with him said, would break down complex legal matters into simple judgments and rulings. Chief Justice Martha Koome said Justice Majanja was a devoted servant and his death had left an unfillable void.
“We extend our prayers and sincere condolences to his family, friends, colleagues, and the Judiciary and JSC family,” the CJ said.
Justice Koome, who also chairs the Judicial Service Commission (JSC), said Justice Majanja fell ill on Monday and was taken to hospital, where he was scheduled for surgery on Wednesday.
“Although he successfully underwent surgery in the morning and was moved to the Intensive Care Unit (ICU) to recuperate, he unfortunately passed away last evening,” Justice Koome said.
The judge was first appointed to the High Court in 2011 and served in several stations, including the Constitutional and Human Rights Division, Homa Bay, Migori, Kisumu, Kisii, and the Commercial and Tax Division.
At the time of his death, he was serving at the Milimani High Court Civil Division.
Justice Majanja was in May re-elected as a commissioner of the JSC, representing the Kenya Magistrates and Judges Association, for a second term.
The rule of law
The CJ said that, throughout his years of service at the High Court and the JSC, Justice Majanja was passionate about preserving the rule of law and ensuring the fair administration of justice.
“He dedicated his life to advancing these values, committed to applying the law fairly and impartially to ensure equal justice for all,” she said. The CJ added that judge Majanja upheld the dream entrusted to him and made significant contributions to the cause of justice and the development of our jurisprudence.
City lawyer Danstan Omari signs a condolence book next to Justice David Majanja’s portrait at the Milimani Law Courts in Nairobi on July 11, 2024.
Amongst his many landmark decisions include the Crown Beverages Limited v MFI Document Solutions Ltd (2023) case, where he held that statutes should be interpreted in a manner that promotes access to justice.
In Kenya Bus Service Ltd & Another v Minister For Transport & 2 others (2012), Justice Majanja held that the mandatory 30-days’ notice of intention to sue the government is a violation of the right of access to justice and amounts to unjustified limitation of a right within a democratic society.
In Samura Engineering Ltd & Others v Kenya Revenue Authority (2012), he said the Constitution required that all exercise of public power be justified as being in compliance with the law.
Justice Majanja also directed, in the Republic v SOM (2018) case, for the reform of the Penal Code given his findings that the detention of persons with mental health conditions at the pleasure of the President was unconstitutional.
He was the presiding judge in the case that found the Housing Levy, which was contained in the Finance Act, 2023, unconstitutional for discriminating against those in the formal employment.
“We would do well to follow his exemplary path,” said Chief Justice Koome.
At the Milimani Law Courts, judges, lawyers and judiciary employees paid tribute to Justice Majanja, saying he was articulate, a team player and a mentor.
Justices Christine Meoli, Joe Omido and Julius Nang’ea said Justice Majanja had left a legacy to be emulated by his colleagues.
Veteran lawyer Dr John Khaminwa alongside lawyers Suyianka Lempaa, Danstan Omari, Shadrack Wambui, Pauline Kiteng’e and Aldelaide Kwamboka also paid tribute to the judge saying he was bold and courageous in his decisions.
“Justice Majanja was in a class of his own. His decisions were firm and well thought out. All other judges should emulate him,” said Dr Khaminwa.
Mr Omari praised the judge, saying, “he was friendly and guided them well whenever they appeared before him.”
Mr Wambui said the judge assisted in alleviating the status of the less fortunate in the society by contributing to institutions like Sheria Mtaani.
Radical changes
In Kisumu lawyers eulogised him as a jurist who initiated radical changes in the courts making them efficient to the public.
They said the judge opened the courts more to the media and reduced the huge case backlog in the lakeside city.
“Justice Majanja would dismantle what looked like a complex case and make it a very simple one,” Mr Richard Onsongo said.
His sentiments were echoed by Law Society of Kenya Kisumu Chapter Chairperson Dorcas Aluoch, who hailed Justice Majanja as bold, brilliant, firm and dedicated in his duties.
“Justice Majanja had an impressive case turnover when he was in Kisumu because he managed his courtroom very efficiently and related well with both the bar and the bench,” said Ms Aluoch. She stated that the judge never shied away from complex cases and maintained good engagement with the local chapter.
Away from the corridors of justice, Justice Majanja oozed class, judging from his social media interactions, photos and videos.
He had a thing for exquisite wine which he never shied away from displaying on social media, as well as a high sense of fashion especially for African print clothing popularly known as kitenge.
Reporting by Sam Kiplagat, Richard Munguti, Kevin Cheruiyot and Rushdie Oudia
