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Dr. Kariuki Muigua Nominated ADR Practitioner of the Year at Nairobi Legal Awards

In the 2021 Chambers & Partners Ranking, Dr. Kariuki Muigua, PhD was described as ‘a highly respected arbitrator and mediator with a sterling background in commercial and constitutional cases, as well as matters relating to the environment and natural resources’.

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Arbitrator, Mediator, Negotiator and Adjudicator Dr. Kariuki Muigua, Managing Partner of Kariuki Muigua & Co. Advocates

The Managing Partner of Kariuki Muigua & Company Advocates Dr. Kariuki Muigua has been shortlisted as one of the Finalists in the 4th Edition of the Nairobi Legal Awards christened the Phoenix Edition for the Alternative Dispute Resolution (ADR) Award of the Year. He has been recognized for his excellence in practice as an arbitrator, adjudicator, mediator and negotiator as well as an ADR scholar and prolific writer of the leading ADR textbooks and practice guides and hundreds of articles and papers in arbitration, mediation, adjudication, negotiation and conflict management. Dr. Muigua is also being recognized for his pivotal role in spearheading thought leadership in ADR in Kenya as the Editor in Chief of the Alternative Dispute Resolution Journal of the Chartered Institute of Arbitrators (Kenya Branch).

Dr. Kariuki Muigua is a leading Alternative Dispute Resolution (ADR) practitioner in Kenya, Africa and the world at large. He is a renowned arbitrator and has been appointed by the Chartered Institute of Arbitrators (CIArb)-Kenya, the Law Society of Kenya (LSK), the Nairobi Centre for International Arbitration (NCIA), the London Court of International Arbitration (LCIA) and the International Court of Arbitration under the auspices of the International Chamber of Commerce (ICC) on several occasions as a sole arbitrator and a member of arbitral tribunals in arbitrations involving commercial disputes. He has vast experience and expertise in adjudication and has sat as both as a panel member and a chairperson in various adjudication Boards both locally and internationally.

In addition, Dr. Muigua is an accomplished mediator and has successfully presided over numerous matters both as a private mediator and a court appointed mediator under the Court-Annexed Mediation program in Kenya. Dr. Muigua was Accredited/Certified as a Professional Mediator by the Mediation Training Institute (International) (MTI) in 2015. His doctorate research was in the area of Mediation as a way of resolving environmental conflict and he wrote, completed and successfully defended his PhD Thesis on the title: “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 is a member of leading national, regional and international professional bodies. He is a Fellow of Chartered Institute of Arbitrators (CIArb)-Kenya chapter. He is a Member of the Chartered Institute of Arbitrators, London Court of International Arbitration (LCIA) (2002), Meditation Accreditation Committee Panel of Mediators Accredited for Commercial Mediation (The Judiciary, Republic of Kenya), Kigali International Arbitration Centre (KIAC) International Panel of arbitrators, Nairobi Centre for International Arbitration (NCIA) Panel of International Arbitrators, Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Arbitrators and Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Mediators.

Dr. Muigua is also a Tutor at the Chartered Institute of Arbitrators-Kenya Branch where he teaches and researches on Alternative Dispute Resolution Methods at all levels, namely: entry level, Associate level, Member level and fast-track to fellowship level. He is authorized and accredited to run courses on Mediation, Adjudication, Negotiation, Conciliation and generally conflicts resolution using ADR methods. He is also an Assessor at the Chartered Institute of Arbitrators for interviewing and assessing prospective Chartered Arbitrators. Dr. Muigua is also a member of the teaching faculty of the Nairobi Centre of International Commercial Arbitration (NCIA) on ADR. As a Senior Lecturer at the University of Nairobi, his training and teaching experience spans, among others, International and Domestic Commercial Arbitration and Mediation.

Dr. Kariuki Muigua was the Chairman of the Chartered Institute of Arbitrators Kenya Branch (CIArb-Kenya) from 2012-2015. He was elected (unopposed) to the Chartered Institute of Arbitrators (CIArb) Board of Trustees as the Regional Trustee for Africa, for the term beginning 1 January 2019. In 2020, Dr. Kariuki Muigua was appointed to the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy representing the Academia. The duties of the Committee include providing guidance and overseeing the process for formulation of a national policy and institutional framework on Alternative Dispute Resolution (ADR).

He is recognized nationally and globally as an ADR Practitioner, with the Chambers and Partners rating him as one of the best dispute resolvers in the country. In the 2021 Ranking, he was described as ‘a highly respected arbitrator and mediator with a sterling background in commercial and constitutional cases, as well as matters relating to the environment and natural resources.’ This was further affirmed in recent rankings where Chambers and Partners stated as follows: “Kariuki Muigua of Kariuki Muigua & Co is held in high regard by market commentators for his role in the Kenyan arbitration sphere. He possesses stellar experience in commercial and constitutional disputes, as well as environmental matters and those relating to the extractive industries. In addition to being “a big noise in the arbitration association,” he is widely recognized for his academic work.”

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Eric Kivuva: Reset and Calibrate for a Nairobi LSK Branch that Delights Members

“My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship,” Eric Kivuva.

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Eric Kivuva, Senior Partner at McKay Advocates and Nairobi LSK Branch Chair Candidate

By Eric Kivuva, Nairobi LSK Branch Chair Candidate 2024-2026

Nairobi Branch has had stability over the last few years but we seem to have stagnated on protecting and advocating for improvements in the practice environment and have become superficial about the real welfare issues of members. The time is nigh for us to reset our leadership and the branch. It is time to replace stagnation in practice with progress; Public relations in member care with results-oriented action; silence with empathy, disconnection with engagement. It is time for a reset and calibration of the branch for positive, progressive impact on our practice and welfare.

My Promise: To make Nairobi branch a truly world class branch when it comes to championing a better practice environment and more opportunities for members.

My Agenda: Our practice environment is not conducive for many advocates because of the bottlenecks that exist. We must prioritize practice matters if each one of us is to have a thriving practice so that you can not only meet your needs but also have a little more to create positive impact in the society.

My Reset and Calibrate Agenda

Agenda 1: Protect and Progress Practice Areas

  • Diligently follow through with implementation of CUCs and Bar-Bench Committee recommended actions.
  • Be proactive in monitoring changes in the legal sector and take measures to ensure advocates are not negatively affected by those changes.
  • Eliminate bottlenecks in practice areas specifically by championing efficiency at all registries i.e. Land Registries, Court Registries, Company Registries and KIPI.
  • Support the fight against corruption in the judiciary and the elimination of facilitation fees.

Agenda 2: Adoption of Emerging Practice Areas

  • Establish the emerging practice areas committee
  • Encourage greater collaboration with inhouse counsel to widen the practice space
  • Develop a simple guide to practice management

Agenda 3: Mentorship and Unity of the bar

  • Institute a practice mentorship program within the branch to equip members with skills and tools to help them build thriving practices.
  • Expand branch social activities and increase the frequency of the events to involve as many members as possible.

My Track Record

I have made significant contributions to the Nairobi branch without holding an elected position.

  1. I have been a staunch supporter of the Nairobi Branch, contributing through member donations and sponsoring numerous branch events.
  2. ⁠I played a pivotal role in establishing one of our most beloved traditions, the Nairobi Branch Quiz Night, alongside our esteemed first chair, Charles Kanjama, to foster camaraderie among members.
  3. ⁠I offered leadership during the organization of the first-ever LSK elections debate, where I not only facilitated as the MC but also ensured the event’s seamless execution.
  4. ⁠I contributed to the conceptualization of the Nairobi Legal Awards in 2021 organized by the Nairobi Branch and the inaugural Nrb Branch Christmas carols event.
  5. ⁠I consistently support the Nairobi branch financially and has served as a speaker at multiple branch events, most recently at a cocktail organized by the branch in August 2023.
  6. ⁠In recognition of my unwavering dedication, I was honored with the Committed Service Award in 2022, bestowed upon individuals who demonstrate exceptional commitment to branch activities.

There is no question that Nairobi LSK Branch holds a special place in my heart and that makes me the ideal candidate to lead the LSK Nairobi branch to new heights in the next two years.

My Vision for Nairobi Branch

My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship.

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Irene Kiwool: My Track Record and Call to PACT for Better Nairobi LSK

Irene Kiwool is calling for a PACT towards a Progressive and an All-Inclusive LSK Nairobi Branch Bar.

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Irene Kiwool is running for LSK Nairobi Council Member 2024-2026 on PACK Agenda.

DownloadIrene Kiwool’s Manifesto for Nairobi LSK Council Member 2024-2026(PDF)

WHO IS IRENE KIWOOL?

I am an advocate with 14 years post admission experience and a partner at Muchemi & Co. Advocates. For the past 6 years, my unwavering dedication and commitment to the bar has been evident through active participation on several Nairobi Branch Committees. This engagement has not only sharpened my legal acumen but has also allowed me to make meaningful contributions and impact to our legal community. I believe it is this commitment and dedication to our legal practice that led to my nomination as the Commercial and Conveyancing Practitioner of the Year in 2022 and listed among the Top 100 Real Estate and Finance Lawyers in Kenya in 2023.

WHAT IS MY TRACK RECORD?

Dedicated Leadership and Service

I have served diligently on the following committees:

  • Lands Liaison Committee
  • Commercial Practice Committee
  • ICT and IP (KIPI) Liaison Committee
  • Judicial Review Bar -Bench Committee
  • Devolution and Law Reform Committee
  • Ardhisasa Technical committee

Legal Practice Protection and Reform

I have played a pivotal role in safeguarding the legal practice and spearheading key reforms that support our profession and protecting our bread and butter.  Notable contributions include:

  • The gazettement of the Regulations on Electronic Conveyancing (The Land Registration (Electronic Transactions) Regulations, 2020),
  • The gazettement of The Regulations on Extension and Renewal of Leases (Land Extension and Renewal of Leases) Rules, 20l7.)
  • Development of a comprehensive Conversion Manual, which guides practitioners on the process to convert Land Titles and Deeds issued under the repealed land laws.
  • The manual is available on the Ministry of Lands Website.

Proactive Advocacy for Efficient Systems

I have been at the forefront lobbying and driving for improvements on the Ardhisasa System, to enhance its user-friendliness, responsiveness, efficiency and effectiveness. Through my proactive engagements, we have achieved significant upgrades, unlocked key registrations at the Nairobi Registration Unit and facilitated the development and dissemination of training materials on the use of the Ardhisasa system.

NOTABLE UPGRADES:

  • Filing of Consolidated applications
  • Introduction of a Progress Status bar to track registration status
  • Reduced timelines for the registration of Foreign Accounts
  • Enhanced system functionalities including editing applications
  • Comprehensive upload capabilities for chargee’s covenants, previously limited to 500 words activation of several registration forms conducting
  • Searches without proprietor’s consent through an Advocate account for unconverted or unenumerated properties cleared by Ministry of Lands

UNLOCKED REGISTRATIONS 

  • Long -term leases through the Memorandum of Understanding between Ministry of Lands and LSK
  • Where modules are inactive registration is manual by seeking exemption from the Registrar
  • Manual registration for inactive modules by requesting for an exemption to register through the Chief Land Registrar
  • Transfers by Chargee
  • Deed of Variations of Charges
  • Replacement of lost Titles and reconstruction of the register.

WHY THE PACT AGENDA?

I am committed to honoring the PACT (Protect, Account, Champion and Track), by continuing to serve members, this time as a council member. With your vote, together, we can bring inclusivity, integrity, innovation and impactful change to our resident bar.

PROTECT  

  • Protect members bread and butter by prioritizing practice issues and defend against challenges from whatever source. Develop a proactive stance to anticipate and mitigate risks before they impact our members.
  • Lobby for the establishment of a Practice Forward Committee aimed at monitoring emerging challenges in the legal practice, focusing on the welfare of Advocates, the emerging areas of legal practice and recommending implementable solutions. This initiative would ensure that Advocates are well supported and equipped to navigate the evolving complexities of the legal field.
  • Lobby for creation of an online Nairobi Branch Members Directory that is publicly accessible, allowing Members of the public to easily locate and engage legal counsel thereby increasing visibility and accessibility for our members.
  • Lobby and develop a tracking mechanism to weed out masqueraders and unqualified persons through a justice multi- stakeholder approach

ACCOUNT

  • Advocate for Accountability and Transparency of Branch operations and financial affairs.
  • Lobby for the adoption and implementation of a stakeholder and institutional accountability tool to monitor and enhance service delivery across key partner institutions (the courts; the Land Registration Units, BRS, Ecitizen, KRA, Registrar of persons, Tribunals among other’s). This tool will aim to ensure transparency, responsiveness and efficiency, proactively addressing challenges and optimizing resource utilization Advocate for prudent utilization of Branch funds to maximize the benefits to our members.

CHAMPION

  • Champion and spearhead legal reforms that reflect current needs and future challenges with the aim to strengthen and grow members’ practice.
  • Champion for strategic networking engagements, collaboration and knowledge exchange.
  • Establish dynamic forums and platforms for members to leverage expertise and access valuable resources thus contributing to members individual growth, overall development and innovation within the legal practice.
  • Champion and spearhead the drafting and publication of a comprehensive manual that provides guidance on electronic conveyancing aiming to streamline and enhance conveyancing practice.

TRACK

  • Establish a tracking system to regularly assess the welfare support mechanisms in place, ensuring they effectively contribute to the progression and growth of members.
  • Track the effectiveness of the mentorship program and develop strategic policies to expand the pool of mentors and enhance the quality of mentorship.
  • Lobby for the establishment and implementation of a performance metric’s system to evaluate the efficiency and effectiveness of branch committees. This metrics will be reviewed periodically to foster continuous improvement.

CURRENT ROLES THAT ALIGN WITH THE PACT AGENDA

  1. Member of the Co -ordinating Committee that is tasked with the mandate to co-ordinate the review of the National Land Policy.
  2. Member of the Nairobi Lands Justice Working Group whose mandate is to identify the root causes and address systemic and endemic challenges in the administration of land justice in Nairobi County.
  3. Member at the Lands and Housing Sector Board Committee at KEPSA and public Policy and Advocacy Committee at KPDA.
  4. Member of the Kenya School of Law Mentorship programme.

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Njoki Mboce: I am Members Project for LSK President

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By Njoki Mboce for LSK President 2024-2026 Team

Today, LSK faces an existential threat from those who seek to compromise its mandate by aligning with the regime in ongoing attempts to undermine the place of the Law Society of Kenya (LSK) and erode the Rule of Law. This has the potential to regress the country to a state of impunity and dictatorship reminiscent of the past.

In such turbulent times, the LSK requires a leader who is resolute, decisive, and impartial. Harriet Njoki Mboce is this suitable leader, with a firm reputation, who will speak Truth to power in the face of encroaching dictatorship.

The actions of a candidate are a mirror of who they are, and what they will be in office. If a candidate wants the office at all costs, and abuses members’ trust to get there, they will have no integrity while in office. Harriet Njoki Mboce is unequivocally the LSK Members’ project. Boldly and firmly acting to defend Independence of the BAR, institutions, and the Rule of Law, she has maintained this commitment throughout her campaigns for President of LSK. This offers a strong basis to fearlessly champion members’ interests and protect the BAR from capture by the State and unscrupulous cartels.

Growing up, I dreamt of being a Navy Officer. I never in my wildest dreams imagined that I would one day be seeking the Presidency of an organisation previously led by impeccable names such as SC Gibson Kamau Kuria, SC Pheroze Nowrojee, SC Paul Muite, SC Hon Dr. Willy Mutunga (CJ Emeritus) and SC Raychelle Omamo, among others. It has taken resilience and a high dose of firm, and bold commitment to get here.

LSK requires a leader to withstand the pressure within and without, and to take the heat on behalf of the membership, whenever the Country and the Society’s living tenets come under threat. This resilience as a quality in the President of LSK enables me in a big way to see the wider horizon of the environment we operate in, to prepare for the storms and to boldly and firmly focus and act on our bigger mandate.

Come elections day, 29th February, 2024, I invite members to ask themselves: Which candidate shows real signs that they will not be corrupted, will run an accountable organisation and will sustain the moral and probity to place the LSK on a path of Independence? I humbly seek your vote to bring this desire home. Please vote for the Member’s project, Harriet Njoki Mboce, HSC for President of The Law Society of Kenya (2024-2026)

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