Mohammed Muigai LLP

THE UNFORESEEN ODYSSEY OFJUSTICE: A TALE OF LEGAL ECHOES ANDSUPREME COURT VERDICTS

Contribution by: Peter Mogoba
1.In the realm of jurisprudence, where the law’s labyrinthine corridors
intertwine with the corridors of power, there unfolds a saga that speaks of
the timeless tussle between legal logic and the ever-elusive whispers of
justice. The protagonist of our tale, Senior Counsel, a man of eloquence and
legal prowess, embarked on a journey into the hallowed chambers of the
Supreme Court. With each carefully chosen word and artful citation, he
sought to craft a submission that would leave an indelible mark on the
tapestry of legal discourse.
John Mortimer once referred to Lord Denning (Baron Denning) as the “St
George of the Law Courts” and there is a reason why. Lord Denning
himself wrote, “I try to make my judgments live…
I start my judgment, as it were with a prologue – as the chorus does in one of
Shakespeare’s plays – to introduce the story. Then I go from act to act as
Shakespeare does – each with its scenes drawn from real life…
It is no good if the hearer cannot follow them…I know that people are prone not to
accept my view unless they have support in the books.
But never at much length. I finish with a conclusion – an epilogue – again as the
chorus does in Shakespeare. In it, I gather the threads together and give the result.”
This philosophy of Lord Denning, resonating like an undercurrent, finds
itself woven into the very fabric of the legal landscape that Senior Counsel
navigates. It’s as if the spirit of ‘making judgments live’ guided his every
word, infusing his submissions with the vibrancy and clarity that Lord
Denning advocated.
As the day of reckoning drew near, he found himself immersed in sleepless
nights, poring over legal tomes and precedents, each page a puzzle piece he
meticulously fit into his argument. His determination was a beacon, and the
intensity of his preparation was fueled by the gravity of the matter at hand.
The intricacies of the case weighed on his mind like a ceaseless symphony,
demanding his attention even in the stillness of the night.
When the fateful day finally arrived, he walked the corridors of the
Supreme Court with a demeanor that mirrored the gravity of his task. The
polished floors seemed to echo with the footsteps of generations of lawyers
who had traversed this path before him. He moved with measured steps,
Mohammed Muigai LLP – August 2023
2.Legal Pulse Check: Your guide to staying legally informed
Mohammed Muigai LLP – August 2023
Contribution by: Peter Mogoba
Legal Pulse Check: Your guide to staying legally informed
3.the weight of the case etched in the furrows of his brow.
By his side walked his diligent pupil, a young legal mind eager to observe the
artistry of a seasoned advocate. The pupil carried his suitcase, laden with the
pleadings that would soon echo through the hallowed courtroom. It was a
sight that seemed to bridge the gap between generations, the old and the
new, each step an embodiment of the passage of legal knowledge and
tradition.
As the appointed hour drew closer, he found himself standing at the
precipice of the courtroom, his heart pounding in rhythm with the echoes of
his footsteps. The courtroom doors, like sentinels guarding the realm of
justice, beckoned him forward. With a steadying breath, he crossed the
threshold, entering a world where legal arguments held the power to shape
destinies.
As tradition dictates he was the first person to speak, his name was called, a
resonant note that cut through the hushed anticipation of the courtroom. He
walked towards the Bar, the eyes of the legal fraternity fixed upon him, an
audience that sought not only eloquence but the essence of justice itself. His
fingers brushed against the pages of his submissions, his lifeline to the words
he had so meticulously woven.
And then, with the eyes of justices upon him, Senior Counsel cleared his
throat, a simple gesture that held the weight of centuries of legal tradition. In
that moment, the courtroom seemed to hold its breath, awaiting the cascade
of words that would flow from his lips. With clarity born of conviction, he
began to weave his argument, invoking precedents, principles, and the
echoes of legal luminaries who had come before him.
As he embarked on his oratory journey, he couldn’t help but notice a
mischievous glint in the eyes of a senior judge. He was struck by the sudden
realization that he was in the presence of not just learned minds, but
individuals with a flair for wit. A playful smile tugged at the corner of his lips
as he imagined the justices as characters in a legal comedy, each with their
own quirks and idiosyncrasies.
As he wove his legal narrative, his subtle humor began to emerge, drawing
chuckles from the courtroom. A well-timed anecdote here, a witty reference
there – he had managed to infuse a touch of levity into his otherwise
weighty discourse. It was as if the echoes of Lord Denning’s philosophy were
accompanied by a subtle symphony of laughter, a reminder that even in the
Legal Pulse Check: Your guide to staying legally informed
Mohammed Muigai LLP – August 2023
Contribution by: Peter Mogoba
4.gravest of matters, a touch of humor can illuminate the path of reason.
And so, with humor and eloquence intertwined, he continued to present his
case. His submission was a tapestry woven not only with threads of reason
but also with the stitches of lightheartedness. The air itself seemed to hum
with the weight of his words, and the audience was held in rapt attention, as
if they were witnessing a symphony of intellect, eloquence, and unexpected
wit.
In his submission, he constructed a bastion of legal rationale, each stone of
precedent meticulously laid upon the foundations of constitutional
protection. The courtroom audience, entranced by his eloquence, found
themselves swayed by the torrent of logic that cascaded from his lips. A
riveting performance, a tour de force of advocacy; the courtroom was left in
a state of anticipatory suspense, akin to an audience watching the
protagonist of a gripping drama about to unravel the climax.
Then came the date for Judgement, two months later, when he returned to
the Supreme Court, his preparations honed to perfection, ready to secure a
victory that seemed all but certain. However, as the judgment was unveiled,
a sense of foreboding gripped the chamber. The verdict, like an intricate
puzzle missing crucial pieces, unfolded in a manner that echoed neither
precedent nor reason.
The courtroom, once filled with anticipation, now reverberated with a
perplexing sense of discord. The ramifications of the verdict, like tendrils
creeping through the corridors of jurisprudence, hinted at an unsettling
truth. The decision rendered that day had the potential to carve a path
towards undesirable legal precedents, leaving a mark on Kenya’s
jurisprudential landscape that was far from sanguine.
In this moment of revelation, his journey took an unexpected turn. The
well-crafted arguments that had resonated through the courtroom now
seemed as if they were in a discordant duet with the verdict. The divergence
between his submission and the court’s decision stood as a stark reminder
that the trajectory of justice could be shaped not only by eloquent advocacy
but by the collective wisdom of the bench.
The tale of Senior Counsel, interwoven with Lord Denning’s philosophy,
stands as a testament to the unpredictable nature of legal proceedings. It
Legal Pulse Check: Your guide to staying legally informed
Legal Pulse Check: Your guide to staying legally informed
Mohammed Muigai LLP – August 2023
Contribution by: Peter Mogoba

it underscores the enduring truth that even the most meticulously
constructed arguments can falter against the weight of judicial decision-
making. As the echoes of this saga continue to reverberate, it’s a call to all
who tread the path of jurisprudence to ensure that the principles upheld
are not only legally sound but also resilient against the tides of uncertain
judgments that may cast shadows over the realm of law.
In an era where the trajectory of judgments can either carve a path of
steadfast principles or unleash a cascade of uncertainty, the tale resonates
as a gentle caution. As the Supreme Court navigates the waters of
jurisprudence, there is an unspoken truth that each decision, laden with
implications, casts its own ripples into the future.
It is a reminder that the legacy of a court isn’t merely in the courtroom,
but in the contours of precedent that echo through time. And as we draw
from Lord Denning’s wisdom, perhaps it is worth pondering the timeless
truth that decisions should not just be legally sound, but enduringly just, to
ensure that the echoes they leave behind are a testament to the sanctity of
the law.
Legal Pulse Check: Your guide to staying legally informed

PETER MOGOBA
Legal Intern

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