Senior Counsel Nelson Havi has offered a candid assessment of the late former Attorney General Paul Kihara Kariuki, recalling his years as a High Court judge while questioning how his subsequent appointments affected his character and legal abilities.
In a tribute following Kihara's death, Havi described the former judge as an independent-minded and principled judicial officer whose fairness was evident in the numerous cases he handled at the Milimani and Machakos High Courts.
The former Law Society of Kenya (LSK) president recalled appearing before Kihara in several cases, noting that although he secured victories in some matters and lost others, he never challenged any of the judge's decisions on appeal.
"The best of Mr Justice Paul Kihara Kariuki was manifest as a Judge of the High Court. I appeared before him at Milimani and Machakos on many matters. I won many and lost some. I never appealed or defended an appeal against any of his decisions. He was always just and judicious," Havi said.
He further recalled Kihara's unconventional courtroom conduct, describing a judge who was comfortable appearing before advocates without a jacket and occasionally retreating to his chambers to take a drink or attend to his writing instruments without necessarily adjourning court.
Despite his relaxed demeanour, Havi said Kihara maintained strict standards of courtroom conduct and had little tolerance for indiscipline or what he termed mischief.
Havi also recounted his final appearance before Kihara as a High Court judge in Machakos, where the jurist acknowledged the merits of an application he had filed but requested time to complete his cause list before preparing a detailed ruling.
The senior counsel, however, suggested that Kihara's subsequent appointments as President of the Court of Appeal and Attorney General came at the expense of some of the qualities that had distinguished his judicial career.
"Service as President of the Court of Appeal and Attorney General diminished Judge's good demeanor and legal acumen. He still called and we spoke often," Havi observed.
He also recalled meeting Kihara at State House during the swearing-in of Justices Muchelule, Korir and Ngugi as Court of Appeal judges, appointments the former judge had reportedly advised then President Uhuru Kenyatta against.
In his closing remarks, Havi described Kihara as a good man whose contribution to the legal profession would remain significant despite his reservations about his later public service.
"The Attorney General destroyed a good man," he said.