The passing of Pheroze Nowrojee on April 5 at the age of 84 marks the end of Kenya's era of legal and democratic history. For those who studied constitutionalism and the nation's journey to justice, his death is not only a loss of a lawyer, but also a pillar of the moral pillar that embodies the highest ideal of the meaning of being a citizen of a free society.
Born in 1941, Pheroze Nowrojee's career spanned almost 70 years. He was part of a generation who experienced Kenya in the early colonial period, and the dream of independence often encountered the harsh reality of political repression.
But Ferrosé's place in the history of the country is even his own professional journey. His family's roots in Kenya are woven deeply into the country's colonial and postcolonial evolution. In 1896, his grandfather (also named Pheroze Nowrojee) arrived in England, East Africa as an engine driver for the Uganda Railway, part of a large infrastructure project that will shape the future of Kenya and East Africa. This relocation marked the first step of the family to establish themselves on new land.
Nowrojees wasn't just about settling down. They contributed. History correctly records that Pheroze's father, Eruch Nowrojee, pursued a distinguished career in law and played a key role in the legal history of the colony. In 1953, Elchi served as a defense at the Maumaurari Massacre Trial in Zitunguri. In the shadow of this moral courage, young Ferrosé has come to age and observes the power of law as both a colonial tool and a potential tool for justice. These early experiences, both personal and public, shaped his commitment to justice, urging him to take up the law not only as a profession but as a calling.
Kenya struggled to build its identity in the early decades of its independence. President Jomo Kenyatta's administration was addressing the challenge of uniting a colonial heritage and diverse nations. However, by the 1970s, under President Daniel Arup Moy, the country had shifted towards authoritarian rule. State oppressive tactics, including legal system abuse, were used to silence critics and to grasp power tightly. This was the environment that produced lawyers like Pheroze.
In the 1980s and 1990s, Ferroze became one of Kenya's most prominent human rights advocates, defending political detainees and democratic activists who found themselves under siege by the MOI government.
Remove Moi from Power
Ferrosé's most famous work in this period came when he defended several well-known politicians. In 1990, Kenneth Mativa and Charles Luvia were arrested for calling for the reintroduction of multi-party democracy, which was a direct challenge to Moi's one-party rules. Their arrests were part of a wider attempt by the administration to suppress political opposition. Ferrosé moved forward as a lawyer and argued that their detention was illegal. His legal strategy was bold, but based on the sanctity of the law and the unwavering belief in the rights of individuals.
This was not just a matter of legal defense, it was a matter of principles. Pheroze was clear. State actions were illegal and it was the duty of lawyers to support the rule of law regardless of the political environment. The fact that Mattiba and Ruvia were eventually released was evidence of the strength of Ferrosé's legal argument and his belief in justice. But it also revealed the power of the judiciary when there were lawyers who were willing to operate independently and put everything at risk in order to protect the rights of individuals.
Over the next few years, Ferrosé's legal advocacy continued to grow. He defended Raila Odinga, a key figure in the Kenyan democratic movement, who was arrested multiple times in the late 1980s and 1990s for opposition to the regime. The repeated persecution of Laila of the state was seen as a symbol of a broader strategy of silencing opposition. The defense of Raila in Pheroze, and other activists like Koigi Wa Wamwere, George Anyona and James Orengo, are now governors of Siaya County, and not only did they secure their release. It was to challenge the broader culture of immunity and oppressive politics that came to define Kenya under Moi's leadership.
In 1993, Pheroze joined the defense team of Koigi Wamvere, a fiery political activist charged with assuming treason assault on a Bahati police station. The widely regarded politically motivated case has become a well-known test of the state's ability to manipulate the legal system.
Ferrosé's defense is a powerful responsibilities to the government's narrative, showing the length of the Moy administration that he was willing to go to silence critics. Pheroze's argument was not inherently legal. They were deeply moral and rooted in the belief that the government had no right to imprison citizens to exercise their constitutional rights. Until the 1990s, Kenya's political landscape changed and the demands of multi-party democracy grew, and Pheroze continued to defend those who tried to challenge the system. However, Ferrosé's contribution was not limited to the courts. He was also a prolific writer, public speaker and commentator on legal and political issues.
His intellectual production was shaped by his belief that law is not a tool for the elite, but a tool for justice. His writings often challenged the status quo, urging legal professions to think critically about their role in society.
As Kenya's political environment evolved, Ferrosé remained a consistent voice of democracy and constitutionalism. He played an important role in the debate leading to the democratic transition in 2002, and helped to formulate the 2010 constitution. This saw many constitutions as an important turning point in Kenya's journey to a more inclusive and democratic society.
His contributions to drafting the 2010 constitution were representative of his vision for Just Kenya.
I have never met Pheroze in person, but through the victory of his court, the rhythm of his speeches, the clarity of his essays, and the resilience of those he defended, I have met him through the power of enduring history. I met him on the edge of an archival documentary echo and footnotes that talked about the man standing when others copied. For historians, such encounters are as intimate as handshakes. We meet not only the man, but the moral compass he left behind.
In the epic processions of Kenya's history, Ferosé walked both as a witness and a warrior, from the bloody chains of colonial detention camps to the betrayal of post-independence authoritarianism, to the long nights of torture chambers, and the rebellious birth of the new constitution.
He was not merely a Roeb lawyer, but a recorder of conscience, a living archive of our unfinished revolution. In a country where many succumbed to the whims of power, he stood like a lighthouse in a fierce storm, cal, intentional, uncorrupted. His life reminds us that history is made not only by presidents and generals, but also by courageously telling the truth to power with pens and voices. For us who have documented the past, let me say that: Pheroze Nowrojee did not simply live in history, he shaped it.
The author is History Lecturer & Trustee of the UASU Branch, University of Alpe – Kenya
