NAIROBI,Kenya, – Litigation counsel Dudley Ochiel is the 2023 Jurist of the year recipient.
During are ceremony hosted at the French Embassy in Nairobi, Ochiel was recognized for his tremendous efforts in the advancement of Constitutionalism, the respect for the rule of Law, the promotion of good governance, and respect and protection of human rights through innovative thinking, boldness, and courage in pushing the boundaries of the Law through strategic and public interest litigation on diverse and important public policy and interest matters nationally and in the region.
This year’s Jurist is well accomplished in various areas of legal expertise, including regional and public international Law, human rights, good governance, litigating matters of public interests, and using strategic litigation to push the boundaries of public policy and has a proven track read to reinforce these facts.
“Today’s award is not mine alone. I share it with my Katiba Institute colleagues. They are such a small but effective team. This award was only possible because of the support I have received from them. It is Katiba Institute that gave me the platform to do the work I have done. They fished me out of my job as an in house lawyer and made me a litigator,” said Dudley Ochiel,JOYA 2023 who also said,”This award belongs too, to the clients whose voices I have amplified, whose stories I have told, and whose causes I have argued. It belongs to the marginalized, the silenced, and the violated amongst my clients,”
A senior Litigation and Research Counsel at Katiba Institute, the Jurist of the year was recognized for his public interest case alongside others in court where he argued against the roll out of the ‘Maisha Number’ which hmorrored the previous ‘Huduma Namba’.
“Our Jurist, through Katiba Institute, lodged a case before the High Court challenging the said Maisha Namba. It was argued that the state had no basis for implementing the number and that the government proceeded without requiring state protection impact assessment, violating Section 31 of the Data Protection Act,” noted his citation.
In the matter, the Jurist was quoted stating, “the government is still determined to build the Maisha Namba on the shaky foundation of data illegally collected and processed during the Huduma Namba exercise.” The High Court issued orders suspending the entire process and issuance of new IDs until the matter is heard and determined.
Our Jurist’s involvement in this case demonstrated that it is only prudent that the citizenry’s personal data must be protected and their privacy safeguarded as enshrined in the Constitution. Our Jurist deeply appreciated that we are presently living in times where the abuse and misuse of personal data is rife, hence the need to have it jealously protected.
The mention of BBI in the country first takes us back to the ‘handshake’ moment that surprised most Kenyans, if not all of us in totality. Secondly, what we recall are the very unconstitutional proposals that had been floated, being a true reflection of the selfish interests of the political class and all those involved. As will be recalled, the entire process was flawed from the onset and was actually dead on arrival, the Courts only confirming this.
“Our Jurist, in litigating what we consider a landmark case, demonstrated his unwavering commitment to safeguarding the Constitution and respect for the rule of Law. We were all challenged by his tenacity and attitude and equally play our part in securing our democracy and promoting Constitutionalism,” noted his citation.
Although the public interest litigation cases highlighted are not exhaustive, they only demonstrate the zeal our Jurists possess to safeguard the Constitution, respect for the rule of Law, and safeguard of human rights and fundamental freedoms. Those who know our Jurist will bear witness that the Jurist has been involved in numerous public interest and strategic litigation cases, with the citizenry at the core of it.
“I am always delighted to see, especially, non-lawyer citizens take up and plead their constitutional cases. To me, that speaks to the power and majesty of the Constitution. Those moments of courage are not just inspiring, they are a powerful symbol of the resilience of the Kenyan spirit. Tonight calls for more of those moments,” said Ochiel.
Ochiel pledged to continue using his voice, skills, and platforms to amplify the voices of the unheard, to advocate for the voiceless, and to fight for a Kenya where human rights, rule of law, and democracy prevail.
In 2018, our Jurist won the Law Society of Kenya’s Public Interest Litigation Jurist of the Year Award, and in 2022 awarded by the International Commission of Jurists the Volunteer Advocate of the Year Award. In November 2023, our Jurist was recognised as a Litigation Practitioner of the Year (2nd Runner-up) at the Nairobi Legal Awards. It is indeed our pleasure to add to our Jurist’s accolades by awarding this year’s JOYA award.
In May 2023, The Lawyer Africa ranked the Jurist among the Top 100 Litigation Lawyers in Kenya.Leaders in Law also ranks the Jurist as the 2023 Litigation Lawyer of the Year in Kenya.
Since 1993, the Kenyan Section of the International Commission of Jurists (ICJ Kenya) has recognized the achievements of one outstanding Jurist dedicated to promoting and protecting human rights each year. The award was introduced both to commemorate International Human Rights Day and to recognize and honor the contributions of an exceptional Jurist.
Citation Link: https://icj-kenya.org/wp-content/uploads/2023/12/2023-JOYA-Citation.pdf
