Judge was a man with legal mind, humour and deft negotiation skills

The late Justice Joseph Louis Omondi Onguto was born to the late Richard Onguto and Mama Rose Onguto of Dudi, Gem, Siaya County. His birth date, December 5, 1964, is just a week shy of the celebrations marking the first anniversary of the birth of the Kenyan nation.

At his baptism, his godfather from England gave him the name ‘Louis’. This was a truly difficult name for locals to pronounce, and they corrupted it to ‘Lucy’, a name most of the family members called him for many years.

Young Onguto grew up in Yala Township, which famously hosts Yala Swamp, Africa’s second largest freshwater swamp, and the filter of Lake Victoria. It is also known as the cradle of education in Siaya County, and legend has it that Yala has the highest concentration of professors in Kenya. Despite losing his father when he was only five years old, his uncle, the late Humphreys Othino stepped in and, together with his mother, nurtured him to adulthood.

In 1978, Onguto joined the famous St Mary’s High School Yala. It was from here that he picked his interest in the finer things of life. St Mary’s was the fountain from where many great minds emanated, including Mr Argwings Kodhek, Mr Tom Mboya, Prof Odera Oruka, Prof John Lonyangapuo, Mr Oloo Aringo, Judges Joseph Masime and  Emmanuel O’Kubasu, and Dr Mukhisa Kituyi.

He sat for his ‘O’ Levels in 1981 and passed brilliantly. He went to Cardinal Otunga High School where he sat his “A” Levels exam in 1983.

Louis was admitted to the Faculty of Law, University of Nairobi, from where he graduated in 1988 and joined the Kenya School of Law. 

Louis did his pupillage with Wambugu and Co Advocates and Gautama & Kibuchi Advocates and was admitted as an Advocate in 1989. He was employed by these firms between 1989 and 1992, then worked with P.L.Onalo & Co Advocates and Kilonzo & Co Advocates, before returning to Wambugu and Co Advocates where he worked until 2002.

STARTED HIS OWN LAW FIRM

He made the bold move of starting his own law firm, J Louis Onguto Advocates, leaving the security of paid employment to establish his firm at a time when he was also studying for his Masters degree in Commercial Law at the University of London.

Onguto was a member of the Chartered Institute of Arbitrators and a Certified Public Secretary, and also served as a member of the Disciplinary Tribunal of the Law Society of Kenya. For many years, he lectured at the Kenya School of Law and served as a pro bono advocate with Kituo Cha Sheria.

Louis had a penchant for tying his tie, with some of his friends saying he had 45 different styles of doing this. He would occasionally use the Balthus knot, an absolute monster which took nine moves and has four centres or loops around the central body. His favourite, though, was the Windsor knot, which is chic with only seven moves ending with a neat triangle. Indeed, he loved that which was simple but unique; he lived in modesty but with style.

His penchant for tying knots was perhaps a reflection of one of the things that he did frequently: Bringing people together. He was an expert at tying relationships.

FAMILY MAN

Onguto first met his wife Consolata in 1987 while still at the University of Nairobi and she at Kenyatta University. Louis and Conso, as he called her, dated until 1991 when they went to Lifunga, K’obiero, in Ugenya to formalise their engagement.          

Onguto had an eye for big events. Whether it was shopping, dancing or a birthday party, a special occasion would be made of it. He therefore planned that his 28th birthday would be a big event: He married Conso on December 5, 1992.

They were to be blessed with four children whose births were spaced out in his typical planning prowess; Richard, their firstborn came in 1994, followed by David in 1997, Louisa following three years later. Walter followed after five years, bringing to a close their Biblical exhortation to fill the earth and multiply.

Hearing their children talk about their father, one has the impression that Judge Onguto was a family man who doted over his children. His son describes one of his father’s tricks when he would return home after they had gone to sleep.

“…the first to respond had the unenviable task of searching for a remote that was perpetually missing. Bonus points included getting out of bed once more to pass …[a] bowl of fruits that were merely a step away. [His] cheeky little way of buying much more time that you had for us all….Passing the remote went from a seamless routine to a period for conversation. A time for revelations. A time… to share experiences of the world.”

FIGHTING FOR EQUALITY

One of the early shocks that Judge Onguto experienced when he joined the Judiciary was a situation that had festered in which judges appointed at the same time had entirely different remuneration.

Pricked by this, he picked on the issue and he put together a team to confront the inequality. In a representation to the Salaries and Remuneration Commission in 2017 he quite bluntly said:

“The qualifications of a Judge are outlined in the Constitution, and even when a Magistrate is recruited as a Judge, the guide is the Constitution. It is not a promotion. It is an appointment. Experience counts for both those who have served in the Judiciary as well as those recruited from outside the echelons of the Judiciary, and there is no justification to only account for the experience of a Magistrate. The disparity at point of entry is simply inexplicable and is plainly discriminatory given that all newly appointed judges are assigned duties. Guidance ought to be retrieved from the internationally acceptable principle of ‘equal work for equal pay’ and the entry point ought to be the same

It is on account of such actions that he was elected President of the Judges Welfare Association.

Justice Onguto had a versatile and absorbent mind. Articulate and intelligent, he was able to put his teaching skills into practice at the Judiciary Training Institute. He was a regular resource person for the Institute in various trainings involving Judges and Magistrates.

At a personal level, I first met Justice Onguto in 1994 when he represented a client in an arbitration where I was the sole arbitrator. The case involved mortgaged land and a dispute with a bank. I was immediately struck by his legal acumen, his ability to articulate his client’s case and the thoroughness of his preparation. Unfortunately, the facts were stacked high against his client and his client lost the arbitration. He later became a member of the Chartered Institute of Arbitrators.

Judge Onguto was deeply spiritual in a quiet and reflective manner. Almost daily, he slipped out of his chambers to meet with his wife for mass at the Holy Family Basilica. Although he was not judgmental towards people he detested wrong-doing wherever it manifested itself and he spoke plainly against public lack of integrity. And although he seemed to understand that the moral law he so respected emanated from a power beyond life itself, he did not wear his spirituality on his sleeve.

In his role as head of welfare, he visited my office frequently to discuss emerging issues, and we spoke frequently for long periods. On one occasion, we got engrossed in conversation about politics. It was during that silly season when the loudest matters being filed in court were political disputes clothed in garments of legality. He abhorred the litigation of matters he felt were overwhelmingly political. He aptly coined the term “politigation” to describe the capture of the courts by politicians in litigation. He urged that a way be found to stop the courts from giving too much time to matters that could be readily resolved elsewhere. 

The death of Judge Onguto shook the entire Judiciary and affected us in a way not frequently experienced. We have lost one of our generals when the battle for justice is a long way to go. But we are no longer in mourning. We are in celebration of the great privilege of sharing a friendship with Justice Onguto.

Justice Mwongo is the Principal Judge of the High Court