Dudley Ochiel’s legal acumen and determination to defend the constitution, rule of law and human rights has earned him the Jurist of the Year Award (JOYA) for 2023. This annual award is presented by the International Commission of Jurists (ICJ) to recognise the achievements of one outstanding jurist dedicated to promoting and protecting human rights.
“The award made me pledge to continue using my voice, skills and platform to amplify the voices of the unheard, to advocate for the voiceless, and to fight for a Kenya where human rights, rule of law and democracy prevail,” said Ochiel.
Ochiel added that winning the award at a young age does not mean he has already achieved everything, but is rather a call to action and a reminder of the work that still needs to be done to make Kenya a country where human rights are not just a dream but a reality.
The ICJ said Ochiel received the award because of the efforts he made in the advancement of constitutionalism, respect for the rule of law, promotion of good governance and protection of human rights through innovative thinking and courage in pushing the boundaries in public interest litigation.
Ochiel has litigated over 30 public interest cases at the High Court, Court of Appeal and Supreme Court, winning the majority of them including victory against the government’s bid to amend the constitution through an initiative called the Building Bridges Initiative.
He also argued in six cases where the government sought to limit freedom of expression by introducing criminal punishment for defamation, offensive publications, alarming messages, and undermining authority of public officers. The law was quashed and declared unconstitutional.
When it comes to freedom of religion, Ochiel won two cases against schools which had barred students who professed to follow the Jehovah Witness and Rastafarian faiths, when the court declared that it was unconstitutional to discriminate against a student based on religious beliefs.
He won another case over independence of the judiciary during a fight between the executive and the judiciary over separation of powers when former President Uhuru Kenyatta refused to appoint a Court of Appeal Judge to the Judicial Service Commission because he had not been vetted by parliament. The court declared that it was illegal to subject a judge to vetting before joining the commission.
Having been a litigation counsel at Katiba Institute, a non-governmental organisation that engages in human interest litigation and promotion of constitutionalism, Ochiel says it is now time to move to private practice.
“I wish to continue pursuing my career and passion in law. I will be shifting slightly to commercial law and hope to replicate the success that I have had with public law. I dream to do such excellent work that I make the rank of Senior Counsel,” he said.
He recently partnered with six other lawyers to form Bond Advocates LLP where he will major in commercial law, but says since the struggle for human rights is a continuous journey, he will still have time to assist in public interest litigation whenever there is a breach of the constitution.
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