Justice David Majanja eulogised as a giant of justice, a great leader, mentor and educator who has left behind a legacy that will continue to have lasting impact on the administration of justice in Kenya.
Justice Majanja passed on last week at The Nairobi Hospital. He fell ill on Monday 8th July 2024 and was taken to the hospital, where he was scheduled for surgery on Wednesday, July 10, 2024.
Justice Majanja was first appointed to the High Court in 2011. He served as a judge in several court stations, including the Constitutional and Human Rights Division, Homa Bay, Migori, Kisumu, Kisii, and the Commercial and Tax 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.
Hon. Justice Majanja held a Master of Laws (LLM) degree from the University of Pretoria and a Bachelor of Laws from the University of Nairobi. He was admitted to the bar in 1998 and had a successful career as a private practitioner before he joined the Judiciary as a Judge. He also served as an Assisting Counsel for the Commission of Inquiry into the Post-Election Violence (Waki Commission).
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. He dedicated his life to advancing these values, committed to applying the law fairly and impartially to ensure equal justice for all.
He upheld the dream entrusted to him and made significant contributions to the cause of justice and the development of our jurisprudence.
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-days’ notice of intention to sue the government is a violation of the right of access to justice and amounts to 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 constitutionalized administrative actions and required that all exercise of public power be justified as being in compliance with the law; and 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 ground breaking judicial pronouncements.
