Why We Must Remember Kenyan Heroes: Remembering SC Phiroze Nowrojee

Last week, I found myself in the auditorium of the Nairobi National Museum, attending the memorial and celebration of the late Senior Counsel Phiroze Nowrojee. The air thick with a palpable sense of loss, yet interwoven with it was a powerful current of collective memory and profound respect for one of Kenya's true legal heroes. 

Tributes flowed, shared stories sparked both laughter and tears, and poignant quotes echoed through the space, collectively painting a vivid picture of Phiroze Nowrojee's remarkable, invaluable, and enduring legacy. He was, without a doubt, a champion of justice and a fervent supporter of creative expression and his influence on Kenya immeasurable.

Yet, as I later recounted the memorial of this extraordinary icon to a young Gen Z, I was met with a blank stare. "Who is Phiroze Nowrojee?" 

The name didn't ring a bell. Neither did many of the other names I mentioned, names synonymous with Kenya's arduous journey that led us to enjoy the fruits of a robust constitutional democracy we cherish today.

This alarming realization hit me hard: How could a generation of Kenyans, inheriting so much history, not know the giants upon whose shoulders they stand?

My initial thought after the memorial was simply to share a short reflection on my blog, a small tribute to his legacy. But this encounter radically changed my perspective. It highlighted a dismal failure in our education system and in our own collective ways of passing down the histories of our heroes to future generations.

This is not merely about a historical oversight; it is about understanding the very foundation of Kenya’s fight for rights, justice, and liberties. The vibrant, often tumultuous, movements that preceded our present-day freedoms, the ceaseless fight for our right to dissent—these were forged by countless individuals who like Phiroze might otherwise remain largely unknown. 

Their stories are not mere records of history; they are powerful reminders that today's nascent Kenyan Gen Z movements fighting oppression and injustice, come from a long, proud lineage of freedom fighters, truth-tellers, and those who dared to speak truth to power. 

Phiroze Nowrojee is a prime example, a testament that even amidst our current socio-political context and ongoing crises impeding a fuller embodyment of our rights and liberties, we possess a legacy of those who never remained silent when injustice reared its head.

Phiroze Nowrojee was, first and foremost, a legal luminary whose unwavering commitment to the Kenyan Constitution defined his illustrious career. His quiet conviction, often mistaken for softness, belied a fierce defender of human rights.

"He spoke only when there was something worth saying. And when he did, his words always carried weight. Not the weight of grandstanding or spectacle, but the quieter authority of someone who knew deeply what he stood for and what he would never stand for,” said Gitobu Imanyara, a veteran Kenyan human rights lawyer, journalist, and politician.

“Phiroze was never the loudest voice in the room, but he was always the clearest," remembered Imanyara in his tribute, read by his son Mutuma Imanyara. This sentiment was echoed by many who knew him.

"I saw him use the law not as a shield for the powerful, but as a sword for the powerless," Imanyara emphasized.

Phiroze’s dedication to fundamental rights was perhaps best encapsulated in a quote recounted by his cousin, Phiroze Dastur or "Big Phil" as he was nicknamed to distinguish him from Phiroze Norwojee who was aptly named “Small Phil”. When asked about his representation of those accused of criticizing the government, Small Phil responded:

"I am not defending what he said. That is secondary. I am defending his right to say what he said, and that is according to the Constitution of Kenya."

This wasn't just a legal stance; it was a moral imperative. Phiroze Nowrojee understood that the essence of a free society lay in the protection of our right to dissent and our freedom of speech.

Martha Karua, a legal and political giant in her own right, recounted nostalgically how Phiroze led her and other young, nervously trembling lawyers through their first habeas corpus application in the 1990s. He later became her teacher, her mentor, her anchor through treacherous legal waters. Phiroze defended the voiceless, taking on cases no one else would touch, often without fanfare or seeking personal glory.

"His practice was not about making money, it was about justice," Martha Karua revealed. "The number of cases Phiroze handled, if motivated by money would have easily made him one of the richest lawyers in town. But instead, he was the greatest pro bono lawyer I ever knew." 

This unwavering commitment was demonstrated even recently when he would discreetly provide research and submissions for abduction cases in Kenya, showing his enduring dedication to justice over recognition, even when no longer actively in court.

But beyond his formidable career and calling, many of us attending the memorial got to hear about the kind of man he was from his dearest and nearest.

Beyond the solemn corridors of justice, Phiroze Nowrojee harbored an almost cheeky adventurous spirit that captivated all who knew him. Speakers at the memorial reminisced about his remarkable travels and daring escapades, breathing life into a man who was far more than his legal credentials. "His most endearing quality, for me... was his adventurous spirit," his cousin and close confidant at the memorial fondly shared.

Imagine, if you will, Phiroze and his cousin Adi Dastur in 1958, embarking on a scooter trip from Nairobi to Mombasa. A journey that today might be considered a routine road trip, but back then, it was an audacious act, reflecting a zest for life that knew no bounds. 

This same spirit saw him, despite a long-haul trip from D.C. to Arusha, board a plane and fly all the way just to be there in person rather than hybrid for comrades who needed him to give a lecture and return a few days later. This was driven solely by his passion for connecting and sharing knowledge.

Some books on sale with proceeds
going towards scholarships

His expansive mind was by no means confined to legal texts. Phiroze was a writer, poet, and painter with endless curiosity. His granddaughter recalled his joyous imitation of statue poses while visiting the British Museum, and meticulously taking notes on captions of all the museum's exhibitions while indulging his "great sense of fun and and silliness."

Needless to say, Phiroze Nowrojee's impact transcended the courtroom. He was a unifying, calming, and grounding force, a ‘senior conscience of our nation.’

Josephine Njoroge shared a poignant anecdote of her bond with Phiroze's wife, Villoo, forged during her time in the 1960s at the Kenya High School despite their different racial backgrounds in a rigidly hierarchical society at that time. She highlighted how Phiroze and Villo actively worked to bridge divides at a time when Kenya was segregated according to race, promoting dignity and upliftment for all races.

Josephine further recounted Phiroze's immediate, dignified, and legal intervention when she faced racial mistreatment at Kenya High School. His actions led to a parliamentary debate, forcing discriminatory British headmistresses and vicars to leave. Such acts, often performed quietly, without a press conference or fanfare, exemplify his selfless dedication to justice for the economically disadvantaged and "those with no titles." 

As Josephine powerfully stated, "You have a man who is beyond a man... This man, single-handedly taught us, taught us the principles of love, the principles of humanity. He didn't have to say anything because we saw it through his actions."

Issa Timamy, recalling Phiroze leading his defense in a trumped-up terrorism case in 2014, echoed this sentiment. 

"He stood in courtrooms... not for personal glory, but for the soul of this nation." Phiroze's courage anchored in this principle has gone a long way in helping nurture the democratic freedoms we enjoy today as Kenyans."

Perhaps one of the most heartwarming aspects of Phiroze's final days was his intentional engagement with youth and social justice centers. He spent significant time in Mathare and Githurai, connecting, sharing wisdom and experiences from past struggles, equipping young Kenyans with the knowledge and power of their constitutional rights. 

Brian Mathenge from the Mathare Social Justice Centre (MSCJ) remembered him as one of the most inspiring comrades in Kenya’s struggle. Phiroze believed strongly in the power of the youth, particularly Gen Z, to continue the fight for their country.

Phiroze’s life served as a guide. He has not only left a challenge but also a path and a guide for the future generation to follow because he believed that hope is a more powerful force than rage, offering a pathway forward even in the direst of moments. 

As Njeri Mwangi from MSCJ shared her tribute, she recalled Phiroze’s words in their last meeting before his passing, 

"This is not a Gen Z struggle. It is the struggle for Kenya, for our beloved country."

We learned about his emphasis on the critical need to "remember not to forget" heroes and martyrs of the struggle, AND equally, "those who betray wananchi." For Phiroze, being on record was not just a legal principle but a moral imperative. It meant bearing witness, ensuring that truth and justice would endure and leave a strong foundation for future generations to build upon.

Phiroze's generosity of spirit extended to Kenya’s literary community, always showing up for other writers, offering thoughtful comments and support. Even in death, his commitment to education continues, with proceeds from his books going towards scholarships, ensuring his influence shapes future generations.

As the Memorial drew to a close, Dr. Joyce Nyairo powerfully recited Maya Angelou's "When Great Trees Fall," the profound grief of Phiroze's passing resonating through the room:

"When great souls die, 

The air around us becomes light, Rare, sterile. 

We breathe briefly.

Our eyes briefly see with a hurtful clarity."

Yet, Angelou's poem, much like Phiroze's life, offers a glimpse of hope and a powerful call to action:

"Be, and be better, 

For they existed."

As we reflect on the life of Phiroze Nowrojee, we are reminded that "we are not just mourning a man; we are celebrating a movement." His spirit endures in every act of loyalty, every pursuit of justice, every show of solidarity, and every demand for accountability we agitate for in Kenya.

There is an invitation for all Kenyans to manifest the kind of humility he left behind and to anchor justice in our hearts, as we confront the impunity and tyranny that now roam our streets with courage and truth as our shield.

Phiroze dedicated his mind to the law, his heart to justice, and his soul to Kenya. While his absence leaves a void, his legacy provides a roadmap.

A question that still remains: How will we ensure that the stories of giants like Phiroze Nowrojee are not lost to time?

I would love to hear your thoughts and memories of Phiroze Nowrojee and other Kenyan heroes.