Justice Murunga: From the pitch to the courtroom

Justice Benard Wafula Murunga during the swearing-in ceremony at State House, Nairobi, on Monday. [PCS] 

When Erastus Munyefu Siranjofu told his son at the iconic Bukhungu Stadium on May 16, 1987, that he would be a judge one day, no one would have known the prediction would come true through sports.

On that day, Justice Benard Wafula Murunga, who was sworn in on Monday at State House, Nairobi, before President William Ruto, was barely twelve years old. He was attending the CAF Champions League (previously known as the Africa Champions Cup) match between AFC Leopards and Egyptian giants Al Ahly. Ingwe won 2-1.

Interestingly, this was just a day before the Court of Appeal had delivered a verdict in the SM Otieno case, which settled the burial dispute with orders for his interment in Nyalgunga, Siaya County.

On the morning of the epic match, Justice Murunga read the newspaper page by page as he had followed the story with keen interest. When he got to the stadium early in the company of his father, they went to a restaurant where he overheard some people at the next table arguing that the Court of Appeal had banned marriages across tribes.

"No." He turned and then explained to them in detail what Justices Nyarangi, Platt, and Gachuhi had said. He spoke uninterrupted for ten minutes, and when he finished, there was applause. 

One person asked, “Whose son is this?”

That's when Erastus, who was equally listening pensively, confirmed that he was his son and then added that one day he would be a judge.

When Murunga completed his Kenya Certificate of Secondary Education (KCSE) examinations at Alliance High School, his father took him to Busia to undertake a football referee's exam. He explained to him that, as a future judge, it was a perfect rehearsal to make decisions on the spot as referees did. That's how young Murunga became a qualified referee at the age of 18.

He featured on the radio for the first time in February 2002 in a sports show hosted by Omole Asiko, where he critiqued the governance of sports in general and at AFC Leopards.

Murunga later honed his skills in sports governance when he was elected deputy Secretary General at AFC Leopards in 2011.

For the first time in more than 30 years, Leopards produced audited accounts and have done so ever since. He also introduced election bylaws that made the elections smooth sailing with no fracas, as witnessed before.

When his term ended and he was not re-elected, losing to George Aladwa, he moved on by applying for a position at the Sports Disputes Tribunal (SDT), which was being established in 2014. He wasn't selected then, and the panellists at the Judicial Service Commission (JSC) told him that he had no prior experience working for any federation.

Determined to still adjudicate on sports disputes, he applied for a position at Football Kenya Federation (FKF) and was appointed the Chairperson of the FKF Arbitration Tribunal in 2016.

The first case he handled was a case against AFC Leopards that had been filed by their former coach, Ivan Minnaert.

Ironically, Leopards was represented by John Khaminwa, who was the lawyer for the widow in the SM Otieno case years ago. 

He went on to determine cases as chair of the FKF Disciplinary Committee and also subsequently as a member of the Independent Disciplinary and Appeals Committee (IDAC). This was perfect ground to sharpen his skills in decision writing and general dispute resolution.

When the time came for the replacement of members at SDT, he was appointed in May 2023 and served for three years before being elevated to the chairperson role in the last year.

SDT resolves sports-related disputes, which include governance matters. Currently, SDT is dealing with the FKF leadership wrangles following the ejection of the federation’s president, Hussein Mohammed. SDT also deals with team selection disputes, disciplinary matters, and doping cases.

Unknown to many, it is Justice Murunga who compiled statistics for the 99th edition of the Mashemeji Derby pitting Leopards against Gor Mahia. The statistics were widely accepted after being verified and found correct. He was also the first editor of Ingwe Fan, one of the first fanzines in the country, as well as the webmaster of the first Leopards website way back in 2000. He introduced a Supporters Trust in 2011, known as the CLAWS Trust, to give fans a bigger say in club administration. In the 2013 constitution for the club, the office of Chair of Chairs was also introduced to bridge communication to branches.

While his skills in other areas of the law will be useful in his role as a judge, the sports fraternity is feeling proud of his career progress.

And from a sports enthusiast to a sports referee, a sports administrator, and even a sports journalist, Murunga has been elevated to the High Court as a judge.

Without doubt, the prophecy that was made at Bukhungu Stadium that morning before the AFC Leopards v Al Ahly match has finally come true.