- Majanja was taken to hospital on July 8, when he fell ill and underwent an operation
- The surgery was successful and he was wheeled to the ICU for recuperation, but suddenly worsened and he passed away
Image: JUDICIARY
The late judge David Majanja has been eulogised as a legal revolutionary not afraid to bring a knife to a pillow fight and unsettle the status quo, as long as the battle was to defend the rule of law.
“Law is my life. Justice is my blood,” he captioned his social media handle, corroborating the narrative from his colleagues that the judge’s dedication to defending justice was unmatched.
Majanja died on Tuesday, July 11 at Nairobi hospital while receiving treatment.
He was taken to the hospital on July 8, when he fell ill and underwent an operation.
The surgery was successful and he was wheeled to the ICU for recuperation, but suddenly worsened and he passed away.
Admitted to the bar in 1998, Majanja joined the bench after his appointment in 2011.
He served as a judge in several court stations, including the Constitutional and Human Rights Division in 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.
He was elected to the Judicial Service Commission by an association of judges and magistrates in 2019 and got re-elected in May 2024, for a further five-year term.
The JSC and Judiciary leadership described him as a hardworking jurist and devoted servant with an "absolute justice orientation".
“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," the leadership said.
"He dedicated his life to advancing these values, committed to applying the law fairly and impartially to ensure equal justice for all.”
Majanja's death leaves an irreplaceable void, the Judiciary leadership said.
“Justice Majanja has left a profound mark on our justice institutions and on the rule of law more broadly. We have been privileged to witness his intense, abiding devotion to both.”
The leadership said it had engaged the judge’s family and “are working together on the funeral arrangements and the Judiciary will hold Closing of the File Proceedings along with other memorial services in his honour.”
The burial arrangements have been scheduled as follows:
1. Postmortem- July 15
2. Requiem mass (Friends Church) and cremation (Kariokor)- July 17
3. Memorial service in Kakamega- July 20
Majanja made landmark rulings in his time.
He directed the reform of the Penal Code after finding that detention of persons with mental health conditions at the pleasure of the President was unconstitutional.
He was also the judge that trashed the provision that required the state had to be notified within 30 days before one sues the government.
In a case he was judging, Majanja held that the mandatory 30 days’ notice of intention to sue the government was a violation of the right of access to justice and amounted to unjustified limitation of a right within a democratic society.
It was he that compelled the Interior Ministry to publish the salaries and benefits that had been given to county commissioners when their appointments in 2012 was in contention.
At the time, Interior PS Mutea Iringo had stood firm in defence of the newly appointed commissioners.
Their hiring had been declared unconstitutional by Judge Mumbi Ngugi.
The suit had been brought by two activists, who were represented by now Mathare MP Anthony Oluoch.