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Court of Appeal judge Fred Ochieng dies

Justice Fred Ochieng

Court of Appeal Judge Fred Ochieng'. 

Photo credit: File | Nation Media Group

Court of Appeal judge Fred Ochieng Andago has passed on. He died on Wednesday, September 17, in Nairobi.

Chief Justice Martha Koome praised him as a distinguished jurist whose impact on the judiciary was clear for all to see.

Justice Andago joined the Judiciary in 2003 as a High Court judge, serving with distinction in various roles, including in the Civil Division in Kitale and Kakamega, the Criminal Division, and the Commercial and Admiralty Division in Nairobi and Kisumu.

Having come from the Commercial Division in Nairobi, he replaced the late Justice David Majanja as the presiding judge in Kisumu in a minor reshuffle carried out by Chief Justice David Maraga on 10 April 2018. Justice Majanja was then moved to Kisii.

Justice Ochieng was elevated to the Court of Appeal in 2022.

“He will be remembered as a towering figure in the development of Kenya’s commercial law jurisprudence and as a strong advocate for the promotion of alternative dispute resolution,” said Chief Justice Koome.

At the time of his passing, he was the chairperson of the Judiciary Task Force on Court-Annexed Mediation, which is spearheading the national roll-out of the Court-Annexed Mediation.

Justice Ochieng believed in allowing the parties to explore solutions to matters before they are brought to court.

Many times, he would ask parties in land or property disputes to agree among themselves instead of dragging the issue to court or airing their private matters in public.

Among the cases he handled at the High Court was the succession case of the late Starehe MP Gerishon Kirima, where he pleaded with the family to explore an out-of-court settlement.

Before joining the bench, Justice Ochieng worked at the law firm of Kaplan and Stratton Advocates for almost two decades.

“We stand in solidarity with his family, friends and the entire judiciary community during this difficult period of mourning. We call for sensitivity and compassion as we share in this collective grief,” said CJ Koome.

Lawyer JM Mburu, his former classmate said the legal fraternity had lost an affable man who always had interesting views and comments on legal and topical issues, an attribute which he carried to the judiciary.

“Appearances in his court were lively and interesting for advocates. May God rest his soul in eternal peace," he said.

Homa Bay Town MP Peter Kaluma said he was shattered by the news of the sudden and untimely passing of the judge.

He termed him as an independent, sharp, thoughtful, affable while deeply considerate judge who upheld access to justice for all.

Rarieda MP Otiende Amollo said, “Quite Saddened to learn of the demise of Justice Frederick Ochieng’ Andago!; An outstanding jurist since his days in practice. He demonstrated courage & brilliance, with good wit to boot.”

“A jovial, comical, but deliberate and decisive Judge he was. I won and lost many cases before Justice Fred Ochieng’ but never appealed or defended any appeal from him. Everyone was satisfied. A good Judge has signed and delivered his final decision. There is no right of appeal,” said former President of the Law Society of Kenya, Nelson Havi.

Justice Ochieng comes from Muhoroni sub-county in Kisumu.