Early Life and Legal Beginnings
Born Amritlal Bhagwanji Shah in 1937, the future judge’s lengthy name was thankfully shortened to A.B. Shah. He began his legal career by being admitted to the English Bar at Middle Temple in 1962. Shortly after, in 1963, he became an Advocate of the then Supreme Court of Kenya. Shah then ventured into private practice, working primarily at Shah & Parekh Advocates.
Rise Through the Ranks
Justice Shah’s judicial journey began in 1986 as a Commissioner of Assize. He rose quickly through the ranks, becoming a High Court Judge in 1993 and reaching the prestigious Court of Appeal just a year later in 1994.
A Controversial Decision
One of Justice Shah’s most notable cases involved the 1999 Mwai Kibaki vs. Daniel Arap Moi presidential election petition. The Court of Appeal, with Shah as a member, upheld the High Court’s decision. This meant the petition could not proceed unless President Moi was personally served, which was deemed impossible. This decision would come back to haunt Shah and the other judges involved.
Fall from Grace
The NARC government, upon taking power, swiftly removed the judges involved in the election petition decision. For Justice Shah, a more specific scandal led to his downfall. In 2003, the Integrity & Anti-Corruption Committee, chaired by Justice Aaron Ringera, published a damning report. It accused Shah of abusing his power to assist a fellow Freemason, Virinder Goswami, in a case involving Rai Plywoods (Kenya) Ltd. Shah even allegedly provided handwritten notes for a draft petition.
Retirement and Later Career
Instead of facing a tribunal, Justice Shah opted for retirement, citing his age and a personal tragedy. However, his return to private practice wasn’t smooth. He obtained a practicing certificate without paying dues to the Law Society of Kenya, sparking controversy. Despite this, Shah became a sought-after arbitrator and lead counsel, even representing retired President Moi in a land dispute case.
Legacy
Justice A.B. Shah’s career spanned Kenya’s post-independence legal landscape. He played a role in establishing the Kenya Law Reports. While his legacy is marked by both achievements and controversy, his story offers a glimpse into the complexities of Kenya’s legal history.
Guandaru Thuita
Managing Editor, Legal Express
Kenya
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