Evan Gicheru: Former CJ who opted for private life in retirement

When former CJ Evan Gicheru took the Oath of Allegiance and due execution of office under the new constitution during the promulgation of the new constitution at the Uhuru Park grounds in Nairobi on August 27, 2010. [File, Standard]

Two years ago on Christmas Day, former Chief Justice Johnson Evan Gicheru breathed his last.

At the age of 79, Gicheru left a rich trail of history in the Judiciary, having served as the longest indigenous Kenya Chief Justice.

Those who recounted his long career in the Judiciary – from 1982 as a High Court judge until his exit in 2011 – said he was the first to entrench judicial independence.

As the first Chief Justice of the reformist era of former President Mwai Kibaki, Gicheru set about redeeming the tattered image of the Judiciary.

After exiting the corridors of justice, Gicheru retired and lived his remaining life in private.

Compared to his predecessors Willy Mutunga and David Maraga, the former CJ never engaged in any national activity after retirement.

After his death, his other story was about his investments and how much he was worth.

Documents exclusively seen by The Standard show that Gicheru was worth Sh224 million.

From succession documents filed by his widow Margaret Wangechi, the former CJ’s investment interests were in the land.

Court documents filed before Family Court judge Patricia Nyaundi indicate that Gicheru’s most-priced properties were seven, all worth Sh30 million each.

The remaining three properties were estimated to be worth Sh20 million, Sh8 million and Sh5 million respectively.

Other than the land, his other investments were shares worth Sh14,710.

Gicheru had shares in Kenya Electricity Generating Company Limited (KenGen) and Kirinyaga Traders Company Limited.

Meanwhile, his only vehicle was estimated to be around Sh1.5 million.

Gicheru died intestate. Nevertheless, the documents indicate that the family was unanimous that his wife would manage the estate on their behalf.

After death of former minister Robert Ouko in 1990, the then President Daniel arap Moi appointed Gicheru to chair a Judicial Commission of Inquiry to unravel the mysterious killing.

Gicheru's team must have been heading somewhere, for on the day it was disbanded, arrest orders were issued against former minister Nicholas Biwott, former Permanent Secretary Hezekiah Oyugi and former District Commissioner Jonah Anguka.

By all accounts, Gicheru seemed to have taken his work seriously, taking evidence from 172 witnesses over a period of 246 days, and all in the open.

Just like the Scotland Yard, Gicheru's efforts would end abruptly as Moi dissolved the commission on November 26, 1991.

Gicheru then went back to the bench. And when President Kibaki floored Kanu's Uhuru Kenyatta in the 2002 General Election, Narc went hunting for a new Chief Justice. They wanted the then CJ Bernard Chunga out.

Chunga left on February 26, 2002, barely two months after swearing in Kibaki.

Gicheru took over and played the ball quite well, facilitating constitutional and judicial reforms, and eventually making way for the new order.

He did not fight back the change, at least not publicly.

“If you read the Bible, Paul says there are those fiery darts of the evil ones, not meant to hurt but burn and demoralise you.

"When you allow yourself to be demoralised, then you lose focus and there is no progress once you get demoralised,” he once told the Executive and a section of lawyers who wanted him out of office. 

With his exit, the country's first competitively appointed CJ Mutunga took over.

His death provoked an outpouring of grief and tribute from leaders who credited him for entrenching judicial independence.

Gicheru died peacefully as he had predicted while walking to his car on the day he left the Judiciary. "I have no regrets… I am now a free man. I can now go die peacefully."