Justice Lee Muthoga opens up on shocking cases, bold acts in new memoir

Justice Lee Muthoga speaking on Spice FM. [Screen-grab]

Justice Lee Muthoga, a prominent legal figure, has handled controversial cases from past administrations to the present. 

He shares insights into his life and career in his new book A Life of Audacity and Sacrifice.

Muthoga recounted the shocking 1975 death of JM Kariuki during a Spice FM interview. 

"He was murdered in the middle of a parliamentary session. Those of us who identified his body at the city mortuary ran for help at Parliament," he recalled. 

Public suspicion centered around government involvement. 

"It was everybody’s assumption that the government had something to do with it, though the report was not sufficient. What we knew was that the circumstances under which he was killed involved security personnel," he added.

Muthoga was also part of the commission investigating former Attorney General Charles Njonjo, who had been accused of treason. 

He described the investigation as a professional clarification of roles. "The AG wanted to push certain matters through the lawyers. His attitude towards us as black lawyers was objectionable," Muthoga said. 

He went on to describe how Njonjo, one of his best friends, was alleged to be involved in an attempted coup.

Reflecting on the era, Muthoga observed that blacks were a minority at the Law Society of Kenya, which was dominated by Europeans and Asians. 

"What was important to me back then as vice-chair at LSK was that the country had become independent," he stated.

Now a judge at the United Nations International Criminal Tribunal, Muthoga detailed his journey into law. In his memoir, he recalls a childhood prank with a friend, where they pretended to be sick to get a lift from a passing motorist.

"I told my friend to pretend to be sick and I’ll pretend to be nursing you. When the car comes, we just flag him down," he remembered.

His rebellious nature surfaced again in high school when he led a strike over poor food quality. 

"I was found by the headmaster addressing students in the dining room, telling them how bad the food was and even the dogs had refused to eat it," Muthoga recalled. 

The headmaster expelled him, but Muthoga’s response was dramatic. "I went through the door to a nearby store, picked up a panga, and came back slowly, saying, ‘Sir, I must sit my examination here.’" 

His bold act led the teacher to reverse the expulsion, though strict conditions were imposed.

Comparing his career to today, Muthoga said the 2010 constitution transformed Kenya’s legal landscape. 

"The confusion today is due to the failure to understand that we can't do things the way Moi did them. We now have a superior law determining how things should be done," he explained.