CJ Koome graces UoN lecturer's book launch
'The Supreme Court Settles the Law' focuses on the rulings of the Supreme Court.
a y agoSHARON MWENDEIn-pictures
Lee Muthoga thought of himself as a lawyer from childhood. He saw himself rising to become a judge and then an MP. Nearly all his dreams came true – except the political ambition.
Muthoga established his law firm in 1972 and quickly became a well-known name.
His autobiography, ‘Audacity and sacrifice: My life and career’, details his journey. One striking story is the judge’s long-running feud with former Attorney General Charles Njonjo. It all began when Muthoga served in the top leadership of the Law Society of Kenya between 1979 and 1983.
The Attorney General published a bill requiring High Court judges to also serve as Court of Appeal judges concurrently. The LSK rejected the idea.
“It was the opinion of the LSK council that it would be improper for judges to sit as judges of the High court and the Court of Appeal. The LSK council was in Mombasa for a meeting when we heard of the bill’s publication. We hurriedly booked flights to Nairobi and scheduled an appointment with the Attorney General the next day to present our position,” the book states.
Njonjo told the lawyer: “You, Muthoga, also want to be a judge?” He answered:
“If the President deems it fit for me to become a judge I would want to sit in a respectable court with dignity.” Njonjo retorted: “Don’t worry about that Muthoga, you will never be a judge as long as I have anything to do with it.”
Muthoga would later be appointed to be lead counsel for the commission of inquiry on the conduct of Njonjo, cementing the bad blood between them.
The commission held its sittings starting October 28, 1983, for 107 days. It found Njonjo guilty of being party to the attempted coup in 1982 and illegal importation of arms.
After the commission concluded its work, Muthoga never met face to face with Njonjo until 2014 at the launch of a book on former ACK Archbishop David Gitari at All Saints Cathedral.
“I was sitting three pews behind Njonjo when he saw me and publicly pointed at me and said, ‘This is the man who tried me’”.
Muthoga served in the Kanu committee that persuaded President Daniel arap Moi to lift the ban multipartyism.
He led the team that investigated the 2003 Busia aircrash that claimed the life of Labour ministered Mohammed Khalif.
Muthoga was a judge of the International Criminal Tribunal for Rwanda in 2003.
Now aged 79, he serves as a judge of the United Nations Residual Mechanism of the International Criminal Tribunals.
The tribunal
was established in 2010 to finish
the remaining tasks of the
international criminal tribunals
for Rwanda and former Yugoslavia
