Lawyer, lecturer and publisher Mathew Kyalo Mbobu has been mourned by his colleagues after he was shot dead in Nairobi’s Karen area by an assailant who fled the scene on a motorcycle on Tuesday evening.
The killing has sparked outrage within the legal fraternity and calls for justice.
Mr Mbobu was an advocate, author and lecturer at the University of Nairobi, where he also attained his law degree.
Mr Mbobu did his pupilage under Mutula Kilonzo, the former Senator and Cabinet minister who died in 2013.
Other lawyers who did their pupilage under Mr Kilonzo at the same time as Mr Mbobu are his brother Maluki Mbobu, Anne Mululu, Kennedy Ogeto, Nicholas Nyamai and Lumumba Nyaberi.
“We are at a loss. We do not know what to say for now, but it is our hope that justice will be done,” Mr Mbobu’s brother, Maluki Mbobu, told the Daily Nation from their home in the Maiani area of the Kilome constituency.
Former colleagues have described Mr Mbobu as principled and focused on legal matters, adding that he would not compromise.
“Kyalo Mbobu could not hurt or harm a fly. I wonder why somebody would want to eliminate him. He was a person of good emotional intelligence and his death is a great loss to the country and the judicial system,” Mr Ogeto, Mr Ogeto, one of President William Ruto’s legal advisers and who worked with the deceased lawyer for five years at Kilonzo & Co Advocates, said.
Mr Nyamai, Prof Nyaberi and lawyer Harun Ndubi said that the deceased lawyer interacted with every well and was cordial.
“Kyalo was not combative in his practice and ensured everyone was contented, even if you lost in the political parties’ litigation,” added Mr Ndubi, who had represented individuals before Mr Mbobu at the Political Parties Disputes Tribunal.
Nelson Havi, former president of the Law Society of Kenya (LSK), described Mr Mbobu as an unassuming person who was easy to relate to.
“Many times we consulted each other on matters of law. At LSK, he was somebody we often turned to for leadership, having been the pupil master of my vice president, Ms Daudi Kamende,” Mr Havi said.
Lawyer Kyalo Mbobu in court.
Photo credit: File | Nation
“We enjoyed his classes on the law of evidence,” he said, adding that Mr Mbobu had a great impact in teaching, legal practice and in LSK leadership.
Mr Havi further recalled that they both resided at Onyonka estate in Nairobi, where Mr Mbobu served as the estate’s chairman.
“I remember him driving a small Nissan Datsun,” he added.
Lawyer Wahome Thuku remembered Mr Mbobu as a strict but brilliant lecturer who taught Evidence I and II at the University of Nairobi.
“A whole lot of students would fail the two units because Mr Mbobu was a perfectionist. He was thorough, articulate and very organised. He wanted students in class on time. His smile should not mislead you; he was very serious about his work.”
“One day, an insect climbed onto his notes and he walked out of the room to blow it away through the door,”he said.
Elections tribunal chairperson Kyalo Mbobu (centre) with tribunal members James Atemi (left) and Hassan Abdi (right) during the hearing of an election petition filed by Laikipia governor Joshua Irungu.
Photo credit: File | Nation
LSK president Faith Odhiambo praised Mr Mbobu’s contributions to the profession, describing him as a pillar in the teaching and practice of law.
“Through his expansive practice and devout service, Mr Mbobu made instrumental contributions to the legal and governance space in Kenya,” she said.
“We fondly honour him for his efforts in moulding future generations of legal practitioners as a lecturer at the University of Nairobi. We applaud his scholarly contributions, especially his texts on the law of evidence, which will continue to guide us in practice,” she added.
However, Ms Odhiambo also raised serious concerns about the safety of human rights advocates in Kenya.
“While we await preliminary reports on the identity of the perpetrator and the motive, we are apprehensive that this has all the markings of a pre-determined assassination. Too often, advocates have been victimised and targeted for the work they do,” she said.
She added: “This incident and other acts of violence, intimidation, and retribution against advocates of the High Court of Kenya represent a damning test to the administration of justice. The effective discharge of the constitutional functions of advocates requires an environment that allows them to work without fear of persecution. We decry this detestable act and demand that the perpetrators be hunted down and brought to book.”
Lawyer Kyalo Mbobu in court.
Photo credit: File | Nation
Mr Mbobu, a respected practitioner in commercial law, also published widely on the law of evidence, including his 2011 book The Law and Practice of Evidence in Kenya.
He served as chairman of the Political Parties Disputes Tribunal, where he presided over high-profile cases such as former Cabinet Secretary Aisha Jumwa’s disciplinary dispute with ODM and Peter Munya’s challenge against his removal as chairman of the Party of National Unity.
He was also an arbitrator and represented businessman Kungu Muigai in a long-running dispute with Kenya Commercial Bank over the auction of his property — a case that has lingered in the courts for more than three decades.
During the 2022 presidential election petition hearings, former IEBC commissioner Prof Abdi Guliye alleged in an affidavit that Mr Mbobu was among those who attempted to convince the commission to force a re-run if Raila Odinga did not win.
Prof Guliye claimed that on August 15, 2022, the lawyer, accompanied by senior government officials, visited the Bomas of Kenya and pleaded with the commissioners to “moderate” the results, warning that a William Ruto victory could plunge the country into chaos.
The commissioners, including chair Wafula Chebukati and CEO Marjan Hussein, rejected the proposal, insisting they would not subvert the will of the people.
