Monday, March 17, 2025

On March 11, 2025, the University of Nairobi’s Faculty of Law hosted a delegation of judicial leaders from Kenya and India, marking a significant milestone in bilateral legal cooperation. The event, organized in partnership with the Supreme Court of Kenya and the Commonwealth Legal Education Association (CLEA), highlighted the enduring partnership between the two nations and their shared vision for advancing legal education, judicial excellence, and access to justice.

Professor Winfred Kamau, Dean of the Faculty of Law, acknowledged the historical and intellectual ties between Kenya and India. Both nations, she observed, inherited the English common law system during British colonial rule, which later evolved into distinct constitutional frameworks. Kenya’s transformative 2010 Constitution and India’s pioneering 1950 Constitution embody parallel commitments to democracy, human rights, and social justice. The Dean emphasized India’s lasting influence on Kenya’s legal evolution, particularly through landmark rulings by the Indian Supreme Court on public interest litigation, environmental protection, and constitutional rights, which continue to inspire Kenyan jurisprudence.

Honorable Justice B.R. Gavai, Judge of the Supreme Court of India and Executive Chairman of the National Legal Services Authority (NALSA), highlighted the constitutional synergies between Kenya and India, emphasizing their shared focus on justice for marginalized communities. A steadfast advocate for equitable legal aid, Justice Gavai has championed India’s efforts to institutionalize free legal services through NALSA, reaching millions who lack access to representation. He praised Kenya’s 2010 Constitution as a reflection of India’s constitutional ethos, particularly its emphasis on socio-economic rights and judicial accountability. “Our constitutions are dynamic instruments designed to correct historical inequities,” he stated, referencing India’s progressive jurisprudence on caste discrimination, gender justice, and environmental stewardship. Justice Gavai detailed innovative Indian models, such as court-mandated compensation for human rights violations and technology-driven case management systems, urging Kenyan institutions to adapt these practices to local contexts. His insights bridged theory and practice, reinforcing the value of cross-jurisdictional learning.

Honorable Letizia Wachira, Registrar of the Supreme Court of Kenya, outlined the judiciary’s efforts to engage law students through moot courts, internships, and mentorship schemes. She highlighted the Supreme Court’s annual moot competition, won by the University of Nairobi in 2024, and its lecture series featuring justices like Honorable William O’Rourke. “Our goal is to cultivate ethically grounded professionals who view law as a tool for societal change,” she remarked, reflecting on her own journey as a University of Nairobi alumna and mother to current law students.

Honorable Justice Surya Kant, Judge of the Supreme Court of India and Chairman of CLEA, emphasized the need to modernize legal education. Stressing the integration of artificial intelligence and global commercial law into curricula, he warned, “Tomorrow’s lawyers must navigate economic battlegrounds, not just courtrooms.” Justice Kant detailed India’s internship model, where Supreme Court justices mentor students and law clerks, creating a talent pipeline that enriches both the judiciary and the private sector.

Professor S. Sivakumar, President of CLEA, elaborated on the association’s role in fostering transnational legal dialogue. Since its inception in 1971, CLEA has championed shared curricula, global moot courts, and conferences uniting judges, academics, and students. His proposal to host CLEA’s 2027 conference in Kenya would, he argued, amplify East Africa’s voice in shaping global legal norms.

This gathering reaffirmed that in an interconnected world, legal systems thrive not in isolation but through shared learning. By intertwining Kenya’s innovative judicial reforms with India’s progressive jurisprudence, both nations are crafting a blueprint for justice that transcends borders. The event concluded with the planting of a memorial tree on the faculty grounds, a symbolic gesture honoring the growth of Kenya-India collaboration.