Former Court of Appeal judge Akilano Molade Akiwumi will be remembered as a leading advocate for alternative disputes resolution.

Upon retirement in 2000, Akiwumi, who died on Wednesday, aged 94, 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.

In her condolence message, Chief Justice Martha Koome remembered Akiwumi as part of several High Court and Court of Appeal benches that made rulings on complex legal matters that enriched Kenya’s legal framework.

“Justice Akiwumi tirelessly and patriotically served this country as a distinguished jurist who was known for delivering numerous judgements and rulings that enriched our legal framework and also significantly contributed to its development,” she said.

Among the notable cases the judge handled include that matter of Maina Kamanda and another verses Nairobi City Council & another Civil Case Number 6153 of 1992.

Rule of law

In the landmark ruling Justice Akiwumi 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,” Chief Justice Koome said.

He further recalled that Justice Akiwumi chaired the 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 said Justice Akiwumi had a quiet but warm personality.

“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,” said Koome.

“On behalf of the Judiciary family, I extend our heartfelt condolences to his family, friends, and colleagues, praying for comfort and strength during this difficult time,” Koome said.

COMESA court

Akiwumi 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.

Koome described the Justice Akiwumi as a mentor and friend to many in 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.

“We will continue to remember the deeds of those who, like Justice Akiwumi, shaped the course of Justice in Kenya,” Koome said.

Akiwumi 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.