- In mourning the late Judge, lawyers said Justice Majanja was a devoted Judge in the administration of Justice.
- According to the advocates, Majanja will be remembered as a towering figure in the development of Kenya’s transformative post-2010 jurisprudence.
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Some lawyers on Thursday met at Milimani Law Courts in Nairobi to mourn the late High Court Judge David Majanja who passed on while undergoing treatment in a hospital in Nairobi on Wednesday.
In mourning the late Judge, lawyers said Justice Majanja was a devoted Judge in the administration of Justice who upheld the rule of Law at all times and helped advance the Jurisprudence of Kenyan Law.
Lawyer Danstan Omari said that it is a very sad day and a sad week and a month for the Judiciary as it had recently mourned Hon Monica Kivuti, a Magistrate from Makadara Law Courts who was shot dead by a police officer while undertaking her duties.
"Justice Majanja had just been reelected for a second term to serve as a Commissioner at the Judicial Service Commission. Out of his five-year term at the JSC, Justice Majanja had seen tremendous improvement in the service delivery at the Judiciary," Omari said.
"As a Judge of the High Court from the Constitutional Court to the Commercial Court, he has done his job with great passion and humility under the Constitution."
"I am heartbroken because we've lost an iconic figure in the legal profession," Senior Counsel John Khaminwa said.
According to the advocates, Majanja will be remembered as a towering figure in the development of Kenya’s transformative post-2010 jurisprudence and a crucial pillar in the institution-building of the JSC and the Judiciary.
Khaminwa further mourned Majanja saying he was a brilliant judge who will be greatly missed.
Justice Majanja passed away last evening at The Nairobi Hospital. He fell ill on Monday, July 8, 2024, and was taken to the hospital, where he was scheduled for surgery on Wednesday, July 10, 2024.
He was appointed as a Judge of the High Court in 2011 and has served in various positions throughout his illustrious career.
He held positions at the Homa Bay, Migori, Kisumu, and Kisii High Courts, as well as at the Commercial and Tax Divisions and the Milimani High Court Civil Division.
At the time of his passing, he was serving at the Milimani High Court Civil Division.
Additionally, he was elected as a Commissioner of the JSC representing the Kenya Magistrates and Judges Association in May 2019. After completing his first five-year term, he was re-elected for a second term in May, 2024.
He served as the Chairperson of the Human Resource Management Committee of the JSC and was a member of the Audit, Governance & Risk Management Committee and the Learning & Development Committee.
Amongst his many landmark decisions include Crown Beverages Limited v MFI Document Solutions Ltd (2023) where he held that statutes should be interpreted in a manner that promotes access to justice.
Kenya Bus Service Ltd & Another v Minister For Transport & 2 others (2012) where he held that the mandatory 30-day notice of intention to sue the government is a violation of the right of access to justice and amounts to an unjustified limitation of a right within a democratic society.
Samura Engineering Ltd & Others v Kenya Revenue Authority (2012) where he recognized that the 2010 Constitution had constitutionalised administrative actions and required that all exercise of public power be justified as complying with the law.
Republic v SOM (2018) where he directed 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, just to sample a few of his groundbreaking judicial pronouncements.