Our final panels of the day address HRs, proportionality & punishment; Transformation, authoritarianism & populism; Accountability beyond courts. #publiclaw2026
Yes I will write about the Judgment (Tonight, if I get the judgment). But with all due respect, this is judicial nonsense. It is a treason against the Constitution and it must be called out; openly and bluntly.
It is not about Gachagua, it is about a Judiciary that is going down
Perhaps the most baffling finding by this Bench is that FAIR HEARING was violated BUT that does not affect the decision to impeach. A very fertile Ground of Appeal.
Having found an Absolute Right Violated, how can An action emanating therefrom be VALID?
I said it in 2024 when Rigathi Gachagua was impeached by the Senate. The High Court agreed with me today that indeed he was denied a fair trial. A decision that infringe on a litigant's non derogable rights like the right to a fair trial under Article 25(c) can't stand in law.
The Final Gavel.
“Mama yangu, nakufa leo.” (My mother, I am dying today.)
The words slipped out late unwanted and already bleeding. Under a wooden desk at the Makadara Law Courts, Principal Magistrate Monica Kivuti understood something with terrifying clarity.... This was an ending. Her final thoughts were maternal, drifting home to her children and the oldest truths, embarrassing in their tenderness. The law, for once, had nothing to say.
This is not merely the story of a magistrate killed in the line of duty..We have files for those. This is the story of the "Final Gavel" of Monica Kivuti, a woman who loved the color red, perhaps because it matched the courage she carried, or perhaps because fate has a cruel sense of symbolism.
On Thursday, June 13, 2024 just a day after her forty-sixth birthday, Monica woke up and prepared for the day. She kissed her husband, Mutimu, and eighteen-month-old Elianna, who was still learning the grammar of her mother’s face. She left for work, heading toward a day of files, arguments, excuses, and the slow grind of Kenyan justice.
She never returned. By afternoon, she lay on a courtroom floor, bleeding inside the very institution she had spent her life serving.
Born on June 12, 1978, in Embu County, Monica was the fourth of eight children raised in a strict Christian household. She attended Gatunduri Primary School and St. Catherine’s High School before graduating from Moi University with a Bachelor of Laws in 2006.
After a stint at Direct Line Assurance, she joined the Judiciary in 2013 as a Resident Magistrate. She never stopped learning, eventually earning a Master’s degree in International Studies.
Outside the courtroom, she built things. She served where the system often fails, helping to establish a Sexual and Gender-Based Violence (SGBV) center at Jamhuri Police Station and providing legal aid to victims who usually found the law to be a closed https://t.co/eXPeuPmfMB February 2024, the Judiciary rewarded the dedication it had long relied upon: Monica was appointed Principal Magistrate
At home, the law was irrelevant; Monica was simply "Mum." She and Mutimu spoke of building a country home on their new land in Machakos County a place where their daughters could run barefoot and grow old memories.
But the case before her that June was unimpressive and rotten. Jennifer Wanjiku stood accused of obtaining KSh 2.9 million by false pretenses. The file read like a manual on how to disrespect the court: seven missed appearances since 2022 and medical reports that arrived whenever accountability threatened to appear.
Hovering in the background was Wanjiku's relationship with a senior police officer, Chief Inspector Samson Kipruto. It was a proximity to power that suggested the system would bend. Monica did not bend. She insisted on order, demanding the medical reports be verified. They were discovered to be fakes.
When the lady justice ruled that the bond be revoked due to deliberate dishonesty, her voice did not tremble. She ordered Wanjiku remanded to Lang’ata Women’s Prison. It was a standard ruling that cost Monica her life.
Samson Kipruto heard only humiliation. Denied an audience with the magistrate, he armed himself and returned through the magistrate’s private door that thin, symbolic line separating authority from anarchy. Gunfire erupted. Monica did what humans do she hid beneath her desk. But bullets do not respect ceremonial wood. She was hit in the chest and hip. Three officers who rushed to her aid were also shot. Kipruto was eventually killed by a fellow officer, but the damage was done. 1/2
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