The late Senior Counsel Pheroze Nowrojee was a force of good and a fine gentleman. He was a consummate lawyer, a role model, teacher and mentor to many lawyers who populate the courtrooms today. His contribution to jurisprudence, integrity, commitment, and sacrifices to democracy, constitutionalism and the rule of law will remain an indelible mark in Kenya’s political history.

In a society that seems to celebrate mediocrity and scorns hard work and merit, Nowrojee was a rare breed. To use legal parlance, the astute lawyer was good law, indeed and in deed.

When many voices chose to align with the Nyayo dictatorship, he used his legal knowledge to support progressive voices agitating for democracy and public interest. Nowrojee rendered his support for pro-reform crusaders pushing for greater democracy and fair political competition.

Nowrojee’s shadow might not be invisible, but the 2010 Constitution bears his insignia. He fought many court battles against forces keen to erase the freedoms enshrined in the Constitution, often arguing that courts of law should interpret the supreme law in a manner that supported the Bill of Rights, protected the people against bad rulers and promoted justice and fairness.

Nowrojee strongly believed in the independence of the judiciary as the ultimate arbiter of conflict and developer of good law. The Constitution, which he fervently defended, reflected the values on which he staked his reputation.

In the words of former Chief Justice Willy Mutunga, the 2010 Constitution reconfigured the Kenyan state from its former vertical, imperial, authoritative, non-accountable regime under the former constitution to a state that is accountable, horizontal, decentralised, democratised, and responsive to the vision and aspirations of the Kenyan people.

It places emphasis on a vision of nationhood premised on national unity and political integration, while respecting diversity, democratisation, decentralisation of the executive, devolution, national values of governance, and integrity in leadership.

The Constitution contains a widely celebrated Bill of Rights that provides for economic, social and cultural rights to reinforce the political and civil rights, giving the whole gamut of human rights the power to radically mitigate against the status quo and signal the creation of a human rights state and society in Kenya. Let us protect the spirit and letter of the Constitution in honour of Nowrojee.