Former Court of Appeal Judge, of Ghanaian origin, Akilano Molade Akiwumi who served in the bench for the last 14 years has died.
Chief Justice Martha Koome confirmed the death of the Judge in a statement sent to the newsrooms this evening.
“We are deeply saddened by the news of the untimely passing of retired Justice Akilano Molade Akiwumi. He honourably served as a Judge of the High Court of Kenya from 1987 to 1993, and thereafter, as a Judge of the Court of Appeal from 1993 until his retirement in 2001,” CJ Koome stated.
Although she did not reveal the cause of death, Koome described Justice Akiwumi as a mentor and friend to many within the Judiciary and the broader legal fraternity.
“He was known for his kindness, generosity, courage, warmth, and wisdom, which touched many lives,” the Chief Justice said.
“May the memories of Justice Akiwumi’s remarkable life and enduring contributions to justice provide solace to us all and inspiration to present and future generations of legal practitioners. We will continue to remember the deeds of those who, like Justice Akiwumi, shaped the course of Justice in Kenya,” Koome said.
Koome added that Akiwumi, of Ghanaian origin, quit the Kenyan Bench in February 2000 to concentrate on the Common Markets for East and Southern Africa (COMESA) Court of Justice, of which he served as the president until 2003.
“He served as a Judge and President of the Comesa Court of Justice from 2000 to 2003 championing cross-border judicial collaboration and comparative co-development,” Koome said.
Upon retirement, the Chief Justice said that Akiwumi became a leading advocate for alternative dispute resolution, serving as an arbitrator in numerous commercial disputes.
His work greatly promoted the use of alternative dispute resolution mechanisms in settling disputes, she added.
CJ Koome further stated that Akiwumi was part of several High Court and Court of Appeal benches that made pronouncements on complex legal matters that enriched the legal framework in the country.
“Justice Akiwumi tirelessly and patriotically served this country as a distinguished jurist who was known for delivering numerous judgments and rulings that enriched our legal framework and also significantly contributed to its development,” She said.
Akiwumi’s works
Among the notable cases that the judge handled include the matter of Maina Kamanda and another verses Nairobi City Council & another Civil Case Number 6153 of 1992.
In the landmark ruling, the judge, as early as 1992, recognized that a rate-payer had sufficient standing to challenge the actions of a public body in court, given that ratepayers contribute to the expenses of such bodies.
“This revolutionary idea was ahead of its time, especially considering that we did not yet have the expanded locus standi for public interest litigation as provided by the Constitution of Kenya, 2010. Through this and other rulings, Justice Akiwumi advocated for a state and society firmly anchored in the rule of law and steady constitutionalism,” the Chief Justice said.
She further stated the judge also chaired the renowned Akiwumi Commission of Inquiry into Tribal Clashes, appointed in 1998 to investigate various ethnic clashes in Kenya from 1991 to 1998.
“His work was the foundation of past, present and future endeavours to anchor values of inclusivity and cohesion in our beloved nation,” she said.
The Chief Justice also said the late Justice Akiwumi had a quiet but warm personality.
