Retired High Court Judge Godfrey Omondi Tunya, who died on Sunday after a prolonged illness, has been eulogised as a dedicated jurist whose decades of service helped shape Kenya’s legal system during its transition from one-party rule to constitutional democracy.
Chief Justice Martha Koome, who announced his death on Monday, described Justice Tunya as a committed judicial officer whose career was marked by integrity, diligence and a strong devotion to the administration of justice.
She said his contribution to the Judiciary and the development of Kenya’s legal system would remain part of the country’s institutional memory.
“Justice Tunya served the people of Kenya with diligence, integrity and unwavering commitment to justice. His contribution to the growth of our jurisprudence and the strengthening of the rule of law will remain part of the Judiciary’s enduring legacy,” she said.
She added that he would be remembered as “a distinguished judicial officer whose service reflected fidelity to the Constitution and the law.”
Justice Tunya began his career in the Judiciary as a magistrate before rising through the ranks to become a High Court judge. Over the years, he presided over politically sensitive criminal cases, election petitions, constitutional disputes, commercial litigation, civil claims and appeals, earning recognition as one of the country’s most experienced judicial officers.
His years on the bench coincided with some of Kenya’s most defining political and constitutional moments. During the 1980s and early 1990s, while serving as a senior magistrate, he handled a number of politically charged prosecutions as demands for multi-party democracy gathered momentum.
Among the notable matters that came before him were proceedings involving former political detainee Koigi wa Wamwere and veteran journalist Njeru Gathangu, publisher of the banned Beyond magazine. He also presided over other politically sensitive cases linked to the pro-democracy movement during the final years of Kanu’s one-party rule.
In 1986, while serving as Senior Resident Magistrate in Nyeri, Justice Tunya ordered then Mathira MP Matu Wamae to appear in court to answer charges of contravening the Employment Act after prosecutors informed the court that summons had not been served. He directed the district labour officer to ensure the summons were properly served before the matter resumed. Wamae was represented by advocate Hatari Waweru, who later became a High Court judge.
After his appointment to the High Court, Justice Tunya built a broad judicial record covering criminal appeals, election petitions, commercial disputes, personal injury claims and defamation suits.
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One of his most notable judgments awarded an advocate Sh9 million in damages in a libel case against a local newspaper. At the time, it ranked among the highest defamation awards made by a Kenyan court and was later cited in several defamation cases involving professionals.
Justice Tunya was also among the judges assigned to hear election petitions arising from the 2002 General Election, including a petition challenging the election of Kipkelion MP Sammy Kipkemoi Rutto. He further determined criminal appeals that proceeded to the Court of Appeal and delivered judgments in civil disputes that continued to be cited by courts after his retirement.
Although many of his earlier decisions attracted national attention because of their political significance, his later work reflected the Judiciary’s expanding role in resolving electoral, commercial and governance disputes as constitutional reforms reshaped Kenya’s legal landscape.
His career also reflected the evolution of the Judiciary itself, from an institution operating under the constraints of the one-party era to one expected to uphold constitutionalism, accountability and the rule of law.
Justice Tunya retired from the Judiciary in 2003 during the anti-corruption purge popularly known as the “radical surgery”, led by Justice Aaron Ringera. The exercise resulted in the suspension of 23 judges and 73 magistrates as part of efforts to restore public confidence in the Judiciary.
His influence continues through the many judgments and appellate decisions that remain part of Kenya’s legal jurisprudence and are still relied upon by courts and legal practitioners. To many younger lawyers, those decisions represent an enduring contribution to the development of Kenyan law, while older generations remember him for presiding over cases that unfolded during some of the country’s most politically significant periods.
The Judiciary had not announced funeral arrangements by the time of publication.
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