Mr. Nzamba Kitonga, 2010
Mr Nzamba Kitonga served in the council of the Law society of Kenya, of which he also became chairman in 1997. It was a difficult time in the life of the Society, which had just endured three special general meetings in the space of one year, in a bid to establish internal accountability over financial matters. He took over at the helm of the Society with this challenge in the background. During his term as the chair, he not only led in the stabilisation of the Society but is also credited with overseeing one of its most productive periods.
By virtue of his position at LSK, he also joined the East Africa Law Society Council. Founded in 1995, the EALS had come to provide a much needed voice for regional integration within the East African region in the context of the political agreements between the presidents of the three countries forming the former East African Community. He later served as president of the EALS, a position that he executed with distinction.
By 2004, the NARC government decided to deal with the grand corruption scandal commonly known as Goldenberg through a commission of inquiry. He was appointed by his Excellency the President as one of the members of a three person commission of inquiry headed by Justice SEO Bosire.
While serving in the Goldenberg Commission, our Jurist of the Year was appointed as Lord President of the COMESA Court of Justice, a position he holds up to now.
However, we honor him as the Jurist of the Year, 2010 for being at the helm of the Constitutional review process that saw the promulgation of a new Constitution on 27th August, 2010.
As Jurists, we all know that the struggle for a new Constitution has been a long and difficult affair that has span for over 20 years. The 2010 process can be traced as far back as the struggle for multi-partism and democracy by our struggle forefathers. However, I reflect back to 1997 when civil society activists under the umbrella National Convention Executive Council (NCEC) advocated for the implementation of minimum reforms before the December 1997 general elections. Their slogan of "no reforms, no elections" became popular in order to force the government to institute a constitutional review process. The former President Moi reached out to opposition parties leading to the formation of Inter-Party Parliamentary Group (IPPG) that was mandated to agree on a set of minimum reforms before the elections such as the abolition of detention without trial; the abolition of repressive sections of the Chief's Act; inclusion of opposition nominees in the Electoral Commission and the removal of the clause mandating that the President could only name a cabinet from MPs of his own party.
In 2000, President Moi appointed Professor Yash Ghai as the chairman of the Constitution of Kenya Review Commission (CKRC). But the quest for constitutional reforms was complicated which culminated to the walk out by delegates during the national constitutional conference at the Bomas of Kenya. This situation was worsened when the National Alliance of Kenya delegates and its allies in the government proceeded to Kilifi where they allegedly altered the Bomas draft. It was after the Kilifi meeting that the Attorney General Amos Wako published what became to be known as the Wako draft. When the Wako draft was subjected to the November 2005 referendum it was rejected by majority of the voters.
After the Wako Draft was rejected, civil society, human rights activities were left dejected and at ends as to how to move the Constitutional process once again.
Then on 27 December 2007 some ten million Kenyans went to the polls in what was generally anticipated to be the most hotly contested and close-run presidential, parliamentary and civic elections in the country's post-independence period. The failure to deliver a satisfactory election resulted in unprecedented eruption of violence and displacement of Kenyans. This led to the intervention of the international community and particularly the African Union (AU) and the President Mwai Kibaki, and Hon. Raila Odinga, constituted a Panel of Eminent Personalities led by Dr. Kofi Annan the former United Nations Secretary General, to mediate over the crisis on a panel which came to be known as the Kenya National Dialogue and Reconciliation. During the KNDR framework the parties agreed to enact the National Accord and Reconciliation Act 2008 to which had four main agenda items. The 4th agenda item was tackling long-term issues that had a range of measures expected to secure sustainable peace in particular constitutional reform. Thus, the backdrop of the renewed efforts for Constitutional reform is the blood of Kenyans a fact that we should remain cognizant of even as we debate the implementation of the Constitution.
The Nzamba Kitonga-led committee of experts, surmounted many political and bureaucratic challenges and resisted pressure from many quarters to deliver the new Constitution. The merger of diverse views from Kenyans with different interests into a largely acceptable document is not an easy task, and if you don't believe me, try and get a group of lawyers into one room and try to get them to agree on even one issue! The political interests played out through the Chapters on the Executive, Devolution, the Bill of Rights and Land which were issues that led to the political split during the 2005 referendum. The Committee of Experts managed to maneuver through these minefields and give legitimacy and credibility to the process. Other unexpected challenges emerged when issues that were not contentious in the 2005 referendum like the Kadhi courts and the right to life cropped up by the Clergy who were previously one of the main supporters of the new Constitution. However, having had the benefit of experience of the 2005 constitutional review processes, many of these challenges were expected.
After the sterling efforts by the Committee of Experts, the Committee was not invited to the promulgation ceremony, but your efforts have not gone unnoticed and unappreciated by the Kenyan Section of the International Commission of Jurists. Moreover, we also acknowledge the efforts of the other members of the Committee of Experts, Atsango Chesoni the Vice Chair, the three foreign experts - Prof. Christina Murray, Dr. Chaloka Beyani and Prof. Frederick Ssempebwa - Bobby Munga Mkangi, Abdirashid Abdullahi, Otiende Amollo, Njoki Ndungu a former recipient of the ICJ Jurist of the Year Award and the entire CoE Secretariat.
With these few remarks, the Kenyan Section of the International Commission of Jurists proudly declares Nzamba Kitonga as the Jurist of the Year, 2010.









