This man Justice David Majanja
National
By
Esther Nyambura
| Jul 11, 2024
Death has reared its ugly head on the corridors of justice, taking away High Court Judge David Majanja.
Justice Majanja died yesterday while receiving treatment at a Nairobi Hospital.
President William Ruto led the nation in mourning, describing the Judge as a powerful force in the judicial system.
"I have learned with great sorrow about the death of the Hon. David Majanja, a judge of the High Court of Kenya and a member of the Judicial Service Commission. Majanja was a brilliant lawyer who joined the bench after an exemplary spell at the Bar. His integrity and ability inspired the confidence of his colleagues, while his powerful intellect made him a trusted juridical voice," wrote Ruto.
Chief Justice Martha Koome, representing the Judiciary and the Judicial Service Commission (JSC), extended her condolences, noting that Majanja will be remembered as a towering figure and a crucial pillar in the development of the JSC and the Judiciary.
"We stand in solidarity with the family, friends, and the entire Judiciary and JSC community during this very difficult period of mourning," said Koome.
Other key public figures also joined in mourning the judge, whose work in defending justice has been praised by all and sundry. Director of Public Prosecutions Renson Igonga described Majanja as an outstanding judge, jurist, and Commissioner in the JSC who served with utmost dedication and distinction.
But who was Justice David Majanja? The Standard delves into his industrious career of more than two decades.
First, Justice Majanja will be remembered for his judgments in several high-profile cases, including the petition challenging the implementation of the Finance Act, of 2023, which he presided over alongside two other judges.
He served as a High Court judge since 2011, stationed at the Milimani Civil Division. He had previously served at the Homa Bay, Migori, Kisumu, and Kisii High Courts, as well as at the Commercial and Tax Divisions and Milimani High Court Civil Division.
He was actively involved in judicial governance, notably as a member of the JSC representing the Kenya Magistrates and Judges Association (KMJA).
Initially elected on May 14, 2019, for a five-year term, he was re-elected on May 28, 2024, succeeding Judge Aggrey Muchelule as the JSC male representative.
During his tenure, Justice Majanja also served as a Commissioner at the JSC, Chair of the Administration of Justice Committee at JSC, a member of the Judiciary Rules Committee, and as a Presiding Judge at Homa Bay and Migori High Courts.
He was also a member and later Vice-chairperson of the Judiciary Working Committee on Election Preparations (JWCEP).
Notable judgements
Justice Majanja was part of a three-judge bench that ruled the Housing Levy unconstitutional in November 2023.
In 2019, he ruled that couples do not need to go through customary rites for their marriage to be legally recognised, requiring only proof of cohabitation. This judgment arose from a case where a husband fought his in-laws for a year to bury his wife.
Justice Majanja's legacy as a dedicated and principled jurist will endure in Kenya's legal history.
Education
He held a Master of Laws (LLM) degree in International Trade and Investment Law in Africa from the University of Pretoria, South Africa (2005), and a Bachelors of Law degree from the University of Nairobi.
He was admitted to the bar in 1998.
His peers and mentees say the justice sector has lost one of the most brilliant minds.
"Too young an age to lose a Judge. Justice David Majanja is one of the four Judges I have always referred to as a model Judge; hard-working; honest; focused; and well-grounded in law. His death is a loss too much to bear for us who practiced with, and thereafter before him," said former LSK President Nelson Havi.