“If you keep your laws on the treadmill, start at the bottom and put in the work, the law will reward you.”

On August 22nd, 2024, first-year law students had the honor of interacting with Professor Githu Muigai during a guest lecture on ‘The Law-Making Process in Kenya,’ part of their Legal Systems and Methods course. His insights provided us students with invaluable knowledge on how laws in Kenya are created, interpreted, and applied.

Prof, as he is better known by those in legal circles, conveyed a thorough breakdown of the law-making process, its complexities and so much more. Excitement had been bubbling in the first-year students for weeks leading up to this guest lecture with the anticipation of getting to hear from a legal expert such as Githu Muigai himself.

This lecture stands as a crucial building block in the careers of these aspiring lawyers, laying a strong foundation for understanding the Kenyan legal system, honing critical analysis skills, and potentially guiding those who wish to pursue a future in constitutional law. It also offered an incredibly rare opportunity to hear from a former Attorney General and distinguished academic whose insights have significantly shaped Kenya’s legal landscape.

Professor Muigai began his lecture by providing a historical overview of the law-making process in Kenya, tracing its evolution from the colonial period to present day. He highlighted the significant shift that was the transition from the centralised colonial legislative framework to the more inclusive and democratic system that has been established by the Constitution of Kenya, 2010.

He explained how during the colonial era, law-making was primarily the domain of the British colonial administration with minimal input from the indigenous population. Post-independence, Kenya adopted a more localised system, but it was only until the promulgation of the 2010 Constitution that public participation became a cornerstone of the legislative process. This has been particularly important in the context of devolution, where county governments have the power to make laws specific to their area. Interwoven with this historical narrative were reflections on Professor Muigai’s own career during which he played a pivotal role in the development of Kenya’s legal system.

One of the most significant milestones in Professor Muigai’s career was his involvement in the drafting of the 2010 Constitution. He served as an advisor during this critical period, contributing towards the creation of a document that fundamentally shaped Kenya’s legal and political landscape. He spoke passionately about the debates and challenges faced during the drafting process, particularly in ensuring that the Constitution reflected the will of the people while also laying a sturdy foundation for governance.

He also spoke of his tenure as Kenya’s Attorney General from 2011 to 2018. In this capacity, Professor Muigai was instrumental in overseeing the implementation of the 2010 Constitution, particularly in the area of law-making. He discussed the complexities that came with guiding the country through the legal transitions as provided for by the new Constitution, including the development of new legislation to operationalise devolution and other constitutional mandates.

Prof also highlighted his involvement in representing Kenya at international fora, including before the International Court of Justice. One notable example he shared was his defence of Kenya in the maritime boundary dispute with Somalia, a case that necessitated an in-depth understanding of both international law and Kenya’s legislative framework. This experience, he stated, was a testament to the essential role that domestic law plays in shaping a country’s international legal standing.

An area in his career that he expressly shared his interest in was his advocacy for legal reforms aimed at enhancing the efficiency and partiality of Kenya’s legislative process. He recounted his efforts to streamline the legislative process, reduce bureaucratic bottlenecks and ensure that laws passed in Parliament were not only effective but also reflective of the needs and aspirations of the Kenyan people.

Building on this historical and personal context, Professor Muigai further delved into the contemporary law-making process in Kenya as provided in the 2010 Constitution. He provided a step-by-step explanation of how a bill becomes law, from its drafting to its presentation before Parliament, the various readings and debates it undergoes and its termination upon getting Presidential assent; all while giving a critical comparison of how the same was conducted prior to the 2010 Constitution.

While the law-making process in Kenya is rich, Professor Muigai acknowledged that it is not without its challenges. He pointed to issues such as political interference, corruption, bureaucracy and the sometimes slow pace of legislative work as significant obstacles. Additionally, he noted that the sheer volume of legislation being constantly passed can lead to gaps in implementation and enforcement.

Emphasis was placed on the law-making process being dynamic and continuously evolving. He urged the students to view their study of the law as not just an academic exercise but a crucial part of understanding how society in general is governed. The process of making laws, he said, is not just about the formalities followed but also the underlying principles of democracy, justice and inclusivity that guide it.

It is safe to say, the lecture was more than just an exploration of the law-making process; it was a rich depiction of history, personal experience and practical insights. For the first-year students at Strathmore Law School, it was an invaluable opportunity to gain knowledge from a legal luminary who has not only witnessed but also shaped key moments in Kenya’s legal history. As they embark on their own legal careers, the lessons drawn from Prof. Muigai’s experiences will undoubtedly serve as both inspiration and guidance.

By Jewell Ruth Awino, 1st Year Law Student at SLS