Supreme Court Judge Justice Njoki Ndung'u has called on legal scholars and academics to take a more active role in shaping Kenya's jurisprudence by contributing their expertise to court proceedings.
Justice Ndung'u says scholars should consider participating in cases as amici curiae, or friends of the court, to help provide courts with research and expert perspectives on emerging areas of law.
She made the remarks while delivering a public lecture at Strathmore University titled “Division of Matrimonial Property upon Dissolution of Marriage in Kenya.”
The lecture brought together students and lecturers from Strathmore University as well as the University of Nairobi School of Law, providing a platform for discussions on the development of matrimonial property law in Kenya.
During her presentation, Justice Ndung'u traced the evolution of jurisprudence surrounding the division of matrimonial property, focusing on landmark decisions made by the Supreme Court.
She examined how the courts have approached disputes involving property acquired during marriage, as well as the legal principles that continue to shape how matrimonial property is treated when a marriage comes to an end.
Justice Ndung'u also highlighted emerging developments in the area, including the growing recognition and use of pre-nuptial agreements among couples in Kenya.
She noted that the changing nature of matrimonial relationships and property arrangements continues to present new questions for the courts, making academic research and legal scholarship increasingly important in the development of jurisprudence.
The Supreme Court judge challenged academics to look beyond publishing legal research and find opportunities to directly contribute to the justice system.
She encouraged legal scholars to appear before courts as *amici curiae*, saying their knowledge and research can assist judges in dealing with complex and evolving areas of law.
The lecture was followed by an interactive session during which students posed questions to Justice Ndung'u and shared their views on matrimonial property and the legal challenges surrounding the dissolution of marriage.
The engagement underscored the importance of dialogue between the judiciary and academia in strengthening Kenya's legal system.
The forum also highlighted the growing debate around matrimonial property rights and the increasingly prominent role of pre-nuptial agreements in Kenya's changing legal landscape.
