07/05/2026
Hon. Justice Mohamed Abdullahi Warsame, who is being sworn in today as a Supreme Court Judge, boasts large imprints on Kenya’s jurisprudential landscape.
Some of the notable cases he has handled include: REPUBLIC v DICKSON MWANGI MUNENE & Another [2011] KEHC 1501 (KLR); Ferdinand Ndung’u Waititu v Independent Electoral & Boundaries Commission (IEBC) & 8 others [2014] KECA 615 (KLR), and NATIONAL BANK OF KENYA LIMITED v E. MURIU KAMAU & Another [2009] KEHC 3684 (KLR).
Beyond the jurisprudential depth and buoyancy of his decisions, Justice Warsame is reputed for his inimitable writing style, particularly in the opening paragraphs of his judgments.
In REPUBLIC v DICKSON MWANGI MUNENE & another [2011] KEHC 1501 (KLR), Justice Warsame wrote:
‘Like all international cities, Nairobi is a strange place after the fall of the sun. It is a place where different human beings within our society come out from their homes, hiding places, offices, and places of work to continue with their unfinished business. Thugs, robbers, murderers, and petty thieves also come out from their hiding places in order to interfere and disturb the peace and serenity of this beautiful city. A few kilometers away, the animals in Nairobi National Park also come out from their hiding places. It is a city that sustains the nocturnal activities of both human and wild animals. It has several landmarks and lesser-known facilities which different groups visit in order to quench their thirst for water. The wild animals in the National Park visit the watering points while the human beings go to restaurants and bars in order to quench their thirst. The incident subject of this determination started at a place called Crooked ‘Q’ in the Westlands area. It is not an ordinary place where normal business is carried out. It is a place where beer and other alcoholic drinks are consumed by special members or a class of our society. As the name connotes, the events of 23rd and 24th January 2009 were crooked. The queue started from the said club until it ended in Westlands roundabout next to Sarit Centre, resulting in the death of one James Ng’ang’a Muiruri. Coincidentally, that is where the events leading to the death of the son of Prof. James Hillary Ang’awa Ocholla Odhiambo started. Perhaps it is also important to mention the events involved police officers who shot the deceased in that case. This restaurant is named the ‘CROOKED Q’ because of the crooked cue used in there to play a game of Pool or Snooker. As the name suggests, the activities and the business carried out therein may be twisted out of shape or position to accommodate the class or the group that frequents the said restaurant. It appears that the place has a long history because the persons who patronize the said club are from the affluent members of our society. In their quest to satisfy their social needs and drinking habits, there is a tendency to suffer from the aftermath of the events or circumstances that is largely contributed by the nature of the business carried out therein. Now it appears that the events that may have started inside the restaurant must end up in court for determination. As it is our duty, it is our privilege and honour to determine every issue/question set for our answers. The question here involves murder. It is contended that simple and straightforward issues that started inside Crooked Q resulted in the death of the deceased. The question is who is responsible for the death of the deceased, which occurred on the nights of 23rd and 24th January 2009…’ He convicted the accused.
eng@2011-10-05" rel="ugc" target="_blank">https://new.kenyalaw.org/akn/ke/judgment/kehc/2011/1501/eng@2011-10-05
Kenya Judiciary
Judicial Service Commission Kenya
Kenya Magistrates Judges
National Council on the Administration of Justice
Law Society of Kenya
