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Faith M. Macharia: A Leading Dispute Resolution Lawyer in East Africa

If Kioo case confirmed Faith Macharia as one of the most versatile next-generation commercial litigation lawyers in East Africa, her latest win annulling the implementation of the Minimum Tax proves she is determined to sustain the momentum.

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Faith M. Macharia, Partner ALN Kenya | Anjarawalla & Khanna

In the last year alone, Faith Macharia and the Anjarwalla and Khanna Litigation and Dispute Resolution Team have registered wins of gigantic magnitude whose impact has been felt across Africa and beyond and made much difference to the commercial interests of their clients. Two major cases stand out above all as confirmation that the A&K Dispute Resolution Team more than deserves the Litigation and Dispute Resolution Award 2021 it was recently awarded at the African Legal Awards: Kioo Case (East African Case) and the Minimum Tax Case (Kenyan Case). The common threads in these two precedent setting cases is Faith Macharia’s role as lead counsel or lead co-counsel and how the Anjarwalla & Khanna Team innovated to deliver these wins against all odds.

The Kioo Case (Kioo Limited v. Attorney General of the Republic of Kenya), which featured in the Anjarwalla & Khanna Litigation and Dispute Resolution Award citation, was a reference filed at East African Court of Justice (EACJ) on behalf of the Tanzanian glass manufacturer challenging the introduction of a 25 per cent excise duty on imported glass by Government of Kenya. Faith and the A & K Team argued on behalf of Kioo Ltd that since the Excise Duty Act does not grant exemptions to goods imported into Kenya from the EAC Partner States, the new excise rate of 25% was discriminatory as it will apply to glass imported into Kenya from Tanzania and other Partner States and inhibited the free movement of goods as envisaged in the spirit of the EAC Treaty, the Customs Union Protocol and the Common Market Protocol.

“The result is that the price of glass bottles exported into Kenya by Tanzania has become more expensive than locally manufactured glass in Kenya and therefore Kenyan companies have reduced their glass demands/imports from Tanzania… and are likely to stop importing glass from Tanzania and any other glass bottle manufacturers within the EAC Partner states,” argued Anjarwalla & Khanna on behalf of Kioo. In the end, Faith Macharia and the A&K team succeeded in obtaining the much-needed interim orders in favour of Kioo Limited with EACJ halting the implementation of the 25 percent excise duty on imported glass bottles into Kenya from the other East Africa Community (EAC). The decision has immensely impacted many businesses within the six (6) EAC members’ states importing glass and glass bottles into Kenya.

If Kioo case confirmed Faith Macharia as one of the most versatile next-generation commercial litigation lawyers in East Africa, her latest win annulling the implementation of the Minimum Tax goes to prove she is determined to sustain that momentum going into the future. Faith, acting on behalf of Kenya Association of Manufacturers and others petitioners, was part of the team of lawyers who successfully petitioned and convinced the High court of Kenya to declare the minimum tax unconstitutional. They were able to convince Justice George Odunga, as he noted in the Judgement: “It results in diminishing capital for those making losses, while for those making profits the capital base is unaffected.” This is just one of the many career defining litigation and arbitration wins Faith Macharia has under her belt.

In the 2021 Edition of The Legal 500, Faith Macharia has been ranked as a Next Generation Partner in Employment Law Practice and as a Key lawyer in Dispute Resolution in Kenya. One of the leading corporate decision makers quoted by The Legal 500 said: ‘Faith Macharia has unique legal capabilities. Her ability to grasp issues and argue them out in court is beyond any experience I have come across.’ Another one added: ‘We have been especially impressed with Faith Macharia and her demonstrable commitment to excellence and attention placed on assisting us to achieve our objectives.’ The Legal 500 added that “Faith Macharia is an up-and-coming name in employment disputes.” Chambers & Partners ranks Faith as a lawyer to watch in dispute resolution in Kenya and one who has “very good insights and is always on top of facts and strategy.”

Faith has been at Anjarwalla & Khanna for almost a decade having joined the firm as an Associate in 2012. She was promoted to A&K Partner in the A&K Dispute Resolution Department in January 2020 and is part of the Award-Winning and Africa’s Litigation and Dispute Resolution Champions of the Year. She is involved in representing the A&K’s clients in domestic, regional, and international forums including lower and superior courts, judicial and quasi-judicial tribunals and arbitration and other forums. She handles diverse matters including complex commercial disputes, trade disputes, employment disputes, shareholders’ disputes, land disputes, tax disputes and enforcement proceedings of local and international arbitral awards in Kenya.

Faith has built a strong reputation acting for clients in international arbitration and is a co–author of the 6th, 7th, 8th, 9th and 10th editions of the International Arbitration Review, Kenyan Chapter. In 2016, she was seconded to Stephenson Harwood, one of the world’s leading commercial litigation and international arbitration law firms, to broaden her perspective in International Arbitration. She has been a panelist on arbitration topics in the region in numerous forums including the 2016 and 2020 East Africa International Arbitration Conference.

In addition, she has a well-earned reputation as Anti-Corruption Law Expert having served as member of the Technical Committee on drafting Regulations and Guidelines under the Bribery Act in Kenya. She is the co–author of the Kenyan Chapter of the 2018 Chambers Anti-Corruption Global Practice Guide. Recently, she advised a large multinational in connection with anti-bribery allegations against the senior management of its affiliate company in Kenya on the Kenyan anti-bribery laws. She also acted for a client together with White and Case, the New York-based global law firm, in connection with bribery allegations in Kenya.

Faith is an Advocate of over 11 years’ post-admission standing in Kenyan bar. In 2020, she was nominated by the Law Society of Kenya, Nairobi Branch under two separate categories, Best lawyer of the Year and Pupil Master of the Year, 2020. Faith is also one of the 11 member of the Law Society of Kenya Committee on Law Reform, Devolution and Constitutional Implementation. She holds an LLB (2nd Class Honours, Upper Division) from University of Nairobi and a Diploma in Law from Kenya School of Law. She is a member of the Africa Legal Network (ALN), Law Society of Kenya and East African Law Society.

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Top Lawyer | Kenya Podcast, Episode 5: Dr. Wilfred Mutubwa, Dr. Mutubwa Law Advocates

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Dr. Wilfred A.  Mutubwa is a Chartered Arbitrator (C. Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb); Chairman Emeritus of the CIArb- Kenya Branch and African Arbitration Association’s African Arbitrator and ADR Practitioner of the Year 2023. He is an Advocate of the High Court of Kenya in good standing with a post-Admission experience of 18 years.  He holds LL.B (Honours) and LL.M Degrees and LL.D focusing on International Economic Law from the University of South Africa. His research focuses on Trade and Investment Dispute Resolution systems in African regionalism and integration efforts.  He also holds a Post Graduate Diploma in Law from the Kenya School of Law; a Post Graduate Diploma in Arbitration (CIArb –UK); and a Post Graduate Diploma in International Arbitration from the Africa Arbitration Academy.  He is an Accredited Mediator by CIArb–UK and the Court Annexed Mediation Programme (CAMP) of the Kenyan Judiciary.

He is the founding Principal at Dr. Mutubwa Law Advocates; he is a senior Lecturer and Dean of the School of Law, Mt. Kenya University. He is also a course Director and Tutor in Arbitration and Mediation at CIArb-UK. He previously taught Commercial Transactions at the Kenya School of Law and Riara University.

He was recently appointed as one of the Court Members Representing the Republic of Kenya to the Permanent Court of Arbitration (PCA) in The Hague, the leading treaty arbitration organisation in the world.  He is currently a member of the Task Force appointed by the Chief Justice of the Republic of Kenya on ADR and specifically mandated to roll out Court Annexed Mediation and other forms of Alternative Dispute Resolution (ADR).

He is an Arbitrator listed on London Court of International Arbitration (LCIA); Mauritius International Arbitration Centre (MIAC); the Nairobi Centre for International Arbitration (NCIA); the Kigali International Centre for International Arbitration; the African Arbitration Association (AAA); and the CIArb President’s Panels. He also serves on the Arbitration Foundation of Southern Africa (AFSA) and Southern Africa Development Community (SADC) international Arbitration Panels. He is a fellow of the Africa Arbitration Academy.

In 2021 he was appointed by the President of the Republic of Kenya to serve on the KNHR Commission Selection Panel, and by the Chief Justice of Kenya to serve as a Member of the Political Parties Disputes Tribunal. He was conferred with the exemplary recognition of the Order of the Grand Warrior of the Republic of Kenya by the President in the year 2021.

He has experience in over 60 Arbitrations and Mediations, as arbitrator, Mediator and Party Representative. He is currently serving in five investor-state arbitral references at the PCA.  He has published a book, Commercial and Investment Arbitration: An African Perspective; and over 30 Articles on the subject in peer reviewed Journals. During his tenure as the Chairman of the Chartered Institute of Arbitrators, Kenya branch, he authored the State of Alternative Dispute Resolution Report (ADR) in Kenya, 2021. He has spoken in numerous conferences and has taught as a guest/visiting Lecturer in various universities including Strathmore University and University of Pretoria.

In 2017, he was recognised by IArb Africa as one of the top 100 Arbitrators in Africa. In 2020 he was named as one of the Top 50 rising Arbitration Personalities in Africa. In 2021 he was named by the Business Daily as one of the top 40 under 40 personalities in Kenya. In December 2022 hew was named top 30 Promising Arbitration Practitioners in Africa by the Africa Arbitration Academy; and ADR Practitioner of the year by the Nairobi Law Society Trust. He was also recognised as the ADR Practitioner of the year in the Nairobi Legal Awards. In October, 2023 The Lawyer Africa recognised him as a Top Arbitrator in Kenya.

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Top Lawyer | Kenya Podcast, Episode 3: Gladys Mwangi, Nderi & Mwangi Advocates

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Gladys Mwangi is a highly skilled Senior Legal Expert and an Advocate of the High Court of Kenya with over 17 years’ experience in providing a wide-range of cost-effective legal services that foster innovative approach in resolution of legal disputes. She specializes in Commercial Law and Family Law, where she offers both litigation and mediation services. In 2023, she was listed as one of TOP 100 LITIGATION IN KENYA IN 2023 for being one of the most distinguished litigators in Kenya.

Gladys is highly regarded as a Disputes Lawyer with a well-earned reputation of resolving complex legal disputes through litigation and mediation in the most efficient manner. She is highly skilled in court documentation and making persuasive arguments in court. She has prosecuted and defended many cases in superior courts, specialized courts and Tribunals in the Republic of Kenya. Recently, Gladys published what has become a popular textbook, Civil Litigation in Kenya, cementing her position as the emerging leading authority in the area.

Gladys is a Partner at Nderi and Mwangi Advocates in Charge of Litigation & Dispute Resolution Department. She is also the founder of Accord Mediation Chambers. She believes that commercial and family disputes can be resolved harmoniously by applying ADR (especially mediation) where litigation is not ideal. Hence, Accord Mediation Chambers compliments the dispute resolution legal services provided by Gladys and her team at Nderi & Mwangi Advocates. In addition, Gladys is very proficient in drafting and reviewing complex and specialized contracts. Gladys is also a trainer and has been engaged to offer bespoke legal training to small groups, corporates and NGOs in Estate Planning, Business Succession Planning and Labour laws.

Aside from her legal practice, Gladys is a respected Law Intellectual and a Lecturer of Law at Kenyatta University School of Law where she has also served as the Deputy Director of Students affairs. She is an active Member of Law Society of Kenya and East African Law Society and has served as a member of the Gender committee which supports society in making policies and driving discussions on matters of gender and law.

Gladys holds Bachelor of Laws (LLB) from the University of Nairobi and a Diploma in Law from the Kenya School of Law. She also holds Master of Laws (LLM) in Law, Governance and Democracy from the University of Nairobi. In addition to being an Advocate of the High Court of Kenya, she is a certified and accredited Mediator ( by the Institute of Chartered Mediators & Conciliators (ICMC) and the Judiciary of Kenya), a Certified Secretary (CS) and member of Institute of Certified Secretaries (ICS), a Commissioner for Oaths and Notary Public.

For more information on Gladys Mwangi, her book and services, visit her Website: https://gladysmwangi.com for more.

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Dr. Kariuki Muigua’s 21 Years Journey to Top Arbitrator in Kenya 2023

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The Top Arbitrator in Kenya 2023 Delivered to Dr, Kariuki Muigua, PhD for Excellence in Arbitration

The Top Arbitrator in Kenya 2023, African Arbitrator of the Year 2022 and African ADR Practitioner of the Year 2022 has 21 years as Arbitrator and ADR Practitioner under his belt. This is what informed our award of the Top Arbitrator in Kenya 2023 as a befitting tribute to mark more than two (2) decades of excellence as Arbitrator, Mediator, Adjudicator, Scholar, Mentor, Author, Leader and trendsetter in Arbitration and ADR Practice. Dr. Kariuki Muigua is the second Arbitrator to be declared the Top Arbitrator in Kenya, the first to be to be awarded the Inaugural CIArb Kenya Lifetime Achievement Award and to be declared both the African Arbitrator of the Year and the African ADR Practitioner of the Year and the first East African to become African CIArb Trustee 2019 to 2022 (now emeritus).

Dr. Kariuki Muigua’s ADR career started in 2002 when he took the Special member course in 2002 leading to membership of the Chartered Institute of Arbitrators (MCIArb). In the same year, he also became a member of the London Court of International Arbitration (LCIA) (2002). In these two decades, Dr. Muigua has since consistently and excellently practiced ADR as Arbitrator, Mediator, Scholar, Publisher, Leader and Consultant and earned numerous awards and recognition as a leading ADR Practitioner in Kenya.

Three years after qualifying as Member of Chartered Institute of Arbitrators, Dr. Kariuki Muigua graduated with Master of Laws (LL.M) in 2005 from the University of Nairobi specializing in Environmental Law, Natural Resource Conflicts and Dispute Resolution especially mediation. He continued to undertake domestic and international commercial arbitrations as well as facilitating training of new members at the CIArb (Kenya).

Dr. Muigua completed Arbitration Module 4 Course leading to Fellowship to the Chartered Institute of Arbitrators (FCIArb) in October 2010. He also undertook the Certified Professional in Managing Workplace Conflict from the Mediation Training Institute (International). The following year, on 2nd December 2011, he successfully defended his PhD Thesis titled “Resolving Environmental Conflicts in Kenya through Mediation” at the University of Nairobi on 02/12/2011 focusing on the areas of Public Participation, Mediation and Environmental Democracy. Dr. Muigua graduated with Diploma in Arbitration from the Chartered Institute of Arbitrators (UK) in 2012.

In 2012, Dr. Kariuki Muigua was elected Chairman of the Chartered Institute of Arbitrators (Kenya branch) where he served for the next 3 years up to 2015 being actively involved in the organization and coordination of the Institute activities and promotion of use the of Alternative Dispute Resolution methods in Kenya. His tenure was pivotal as it marked the constitutional transition period which included efforts to spearhead the mainstreaming of ADR methods into the justice system as envisaged under Article 159 of the Constitution culminating in launch of the Court-Annexed Mediation Pilot in 2015. He was awarded the Chartered Institute of Arbitrators Chairman’s medal with a citation for exemplary service in December, 2015.

Dr. Muigua has also served the Council of the Chartered Institute of Arbitrators (Kenya) and as a Member and Past Chairperson of the Sub-Committee on Information Technology (IT) and Member of the Legal Committee of the Institute. He also founded the Alternative Dispute Resolution Journal, the Official Journal of the Chartered Institute of the Arbitrators (Kenya Branch). He is a Member of Kigali International Arbitration Centre (KIAC) International Panel of arbitrators and Nairobi Centre for International Arbitration (NCIA) Panel of International Arbitrators, Panel of Domestic Arbitrators and Panel of Domestic Mediators.

In January 2015, Dr. Muigua was conferred the rank of Chartered Arbitrator, the highest status of an Arbitrator. In the same year, he was also admitted as an Accredited Mediator by the Mediation Training Institute (International). In 2019, he was voted unopposed as the CIARB Regional Trustee for Africa where he represents Africa at the Chartered Institute of Arbitrators Board of Trustees which is responsible for all the monies as well as the strategic direction of the Institute. In 2020,  he was appointed by the Attorney General as a member of the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy, 2020 representing the Academia.

Indeed, in September and 2012 he was engaged as a Consultant by Commission for the Implementation of the Constitution and IDLO in preparing a report on the “Framework for the Consolidation and Harmonization of National Policies, Strategies and Legislative Instruments Relating to Access to Justice in Kenya.” In August 2013, he was engaged as a Consultant by the Kenya Land Alliance in preparing a “Review and Analysis of its draft ADR guide and Training Manual with a view to improve on its contents and structure to match the intended use of offering guidance in resolution of land disputes.”

To date, Dr. Kariuki Muigua continues to serve as the Tutor and Assessor at the Chartered Institute of Arbitrators-Kenya where he researches and teaches Alternative Dispute Resolution Methods at all levels. He has published numerous articles and papers on Alternative Dispute Resolution. Dr. Muigua is also the author of the leading books on ADR in Kenya: Resolving Conflicts through Mediation in Kenya (2013) and Settling Disputes through Arbitration in Kenya, the Edition (2022) which are available for free download in Kariuki Muigua & Co. Advocates as part of Social Responsibility and mentorship to upcoming Arbitrators.

Importantly, Dr. Kariuki Muigua has been ranked among the top 10 arbitrators in Kenya for the last five (5) years in a row by the prestigious Chambers & Partners Lawyers Directory as having “an astute understanding of arbitration and mediation” and being at the forefront of ADR in Kenya. In 2021, he scooped the three top ADR Award in Kenya, namely, CIArb (Kenya) Lifetime Achievement Award, Law Society of Kenya ADR Practitioner of the Year Award and ADR Publisher of the Year Award. Thus, as he commemorates 20 years of ADR Practice, Dr. Kariuki Muigua has clearly earned the reputation and respect of his peers as a leading ADR Practitioner in Kenya and across Africa. In 2023, Dr. Kariuki Muigua was nominated by the Republic of Kenya as a Member of the Permanent Court of Arbitration.

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