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The Late “Dr.” Evans Monari: Tribute to a Legendary Litigation Lawyer

Evans was recognized as a “senior and prominent” advocate and “a result-oriented and natural leader.”

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The Late Evans Monari, Senior Disputes and Arbitrations Partner, Bowmans.

Evans Monari was neither the richest lawyer, nor the most famous lawyer, in Kenya: He was simply one of the best lawyers who have ever practiced law in Kenya, one who was most admired, in court and out of court, as a counsel blessed with a most personable demeanor and who, despite his obvious and undeniable success, carried himself with a rare air of humility, uncommon among storied lawyers of our generation. Ranked amongst the top 25 dispute resolution lawyers in Kenya by Chambers Global 2021, it shall never be in doubt that, in his 34 years of excellent bar-raising legal practice, Evans earned his place at the very top of the noble profession in Kenya and beyond. He was described as a “very able man” who provided a “very professional service and expertise.”

The World Leading Lawyer Ranking Directory, Chambers & Partners, variously acclaimed Evans as a Lawyer who was “an established presence in the Kenyan legal community,” a “strong presence in the courtroom,” “valued by clients for his strategic approach” and “instructed on a range of high-profile litigations and arbitrations.” He was recognized as a “senior and prominent” advocate who was “a result-oriented and natural leader,” and a “popular choice of counsel in issues of constitutional and judicial significance.” As the Senior Disputes and Arbitrations Partner at Bowmans, The Legal 500 in 2021, noted Evans Monari was “at the forefront of constitutional and judicial review cases.”

In his legendary litigation career, Evans was noted for, acting on behalf of the Government of Kenya in international arbitration proceedings filed at ICSID by a foreign investor for damage due to revocation of an energy contract with Freshfields Bruckhaus and Deringer as co-counsel. He also acted for Strabag International GMBH Limited in a breach of a construction contract case. He successfully represented AVIC International in a challenge seeking to halt the development of Nairobi’s largest mixed use skyscraper project. He also was the Lead Defense Counsel at the International Criminal Court in respect of Gen. Hussein Mohammed and later joined the Defence of H.E. Uhuru Kenyatta, President of the Republic of Kenya.

Indeed, Evans Monari was the proverbial lawyer whose gift made room for him and brought him before great men. As testament of his greatness and astuteness in litigation, Evans counted the incumbent President among his many repeat clients. As if to justify why, despite having the best of lawyers at his beck and call, he kept going back to Evans for legal counsel and representation, the Head of State President H.E. Uhuru Kenyatta described him on his passing as “one of our country’s leading lawyers who distinguished himself as a dependable resource as seen from his successes.” The Deputy President, H.E. Dr. William Ruto, added that “Evans Monari was a farsighted visionary lawyer with Supreme knowledge of the Constitution and the law.”

Hon Justice Martha Koome, Chief Justice and President of the Supreme Court of Kenya, mourned Evans: “I have known Evans for the last 38 years since we met as first year law students at the University of Nairobi…In Evans, lay this gallant and astute lawyer, who represented the high, the mighty and even the poor who consulted him, with equal measure of care and professionalism… one of our best lawyers who contributed immensely by mentoring upcoming lawyers and was a great model.” Supreme Court Judge, Justice Njoki Ndung’u added that Evans was “a good person [who was] always smiling through thick and thin… a true and trusted friend.”

Former Prime Minister of Kenya Raila Odinga against whom Evans represented the President and his Deputy in two Presidential Election Petitions said “Counsel Monari was a man with a brilliant mind, a generous heart and a lively spirit” who had an “illustrious legal career.” Interior CS Dr. Fred Matiang’i noted Evans as “an active and vibrant lawyer who distinguished himself in an impressive career.” Senate Minority Leader and Senior Counsel Senator James Orengo said with the passing of Evans, “the legal fraternity had an illustrious and dedicated professional.” Former Majority Leader Senator Kipchumba Murkomen termed Evans A brilliant lawyer. A mentor to many. A gentle soul.”

Prominent Lawyer and Evans best friend, Donald B. Kipkorir, Managing Partner of KTK Advocates, gushed: “Evans Monari, Dr. Evans Monari as we called him… was a giant in every sense: Super clever, Humorous, Generous, Humble.” The Publisher of the Nairobi Law Monthly and Former President of LSK, Senior Counsel Ahmednasir Abdullahi confessed: “Fresh from Law School, Evans Monari took me under his wings and introduced me to Legal practice 101. Great Soul, a great human being…” Former JSC Commissioner Prof. Tom Ojienda, a friend of Evans, called him a legal titan.” Stanford Moyo, President of International Bar Association, described Evans as “a brilliant lawyer, a good man and a friend.

LSK Vice President Caroline Kamende hailed Evans as “A legal icon …An astute legal mind. An amiable person, friend and a mentor to many.” Lawyer Mary Wangari, Group Executive Director, Equity Group Holdings, called him A fine lawyer and gentleman.” Chacha Odera, Senior Partner at Oraro & Company, noted: “Evans will be remembered as an amiable and great lawyer. He will be immortalized by his contribution to the legal profession.” Joseph Githaiga, Head of Legal & Regulatory Compliance, PwC Kenya “Evans was known for his intelligence, wit and flair …a friend and mentor to many in the legal profession.” Africa PE (Private Equity) News said “Evans was a gallant and astute legal practitioner.” Jacqueline Lule, Legal Officer, United Nations said:Glad to have known and worked with you. Casual, unfussy brilliance at its best.” Dr. Muthomi Thiankolu, Partner at Muthomi & Karanja Advocates, summed Evans as a legal legend.”

The towering humility of Evans Monari is borne out in the heartfelt commiseration of his former pupils and juniors. Ibrahim Godofa, a current Trainee Lawyers at Bowmans, Kenya who enjoyed the tutelage of Evans most recently underscored his humility: “Many have mentioned how humble Evans was. I will fondly remember every moment at numerous arbitration conferences when he would take some time, lean in and hear me out – often followed by great nuggets of a practitioner’s wisdom. I was just a naive student then but I doubt whether that made any difference to him.”

Director of Public Policy-Sub-Saharan Africa (SSA) at MasterCard, George Owuor, a former Pupil of Evans Monari, added that he was “a guiding light starting from pupillage and have continued to be a valued and dependable friend in this journey of life” Sean Omondi, Partner at Ronn Law Advocates LLP, who worked under Evans for 16 years at Daly & Figgis (now CMS Daly Inamdar) and Bowmans eulogized him in these words: “You gave and shared consistently without tiring – time, friendship, happiness, wit, laughter, opportunities, resources, connections, solutions… name it. You were always willing to sacrifice something for someone else’s comfort…You treated many of us as equals even though you were miles ahead and head and shoulders above the rest of us. You forgave and forgot whenever you were let down. You always seemed to see the bigger picture.”

The good humour of Evans Monari is what saw him collect the title of “Doctor” when his friend, the Former Attorney General, Senior Counsel Githu Muigai, became a professor, only to end up sticking with it. He also had the gift of the gab which made him the natural choice for master of ceremony at many functions. According to a colleague, one of the hilarious jokes in Evans’s repertoire was about “the fruitful (pun intended) discussions” at the diplomatic meeting in the 1980s between a representative of the Government of Kenya, Cabinet Minister Mukasa Mango and the then Zimbabwean Head of State President Canaan Banana.

Born in 20th October, 1962, Evans Monari graduated from the University of Nairobi with Bachelor of Laws (LL.B) in 1986, completed his diploma in Law from Kenya School of Law in 1987 and joined Kaplan & Stratton for his pupilage under the tutelage of Senior Counsel Pheroze Nowrojee. Later, he joined the firm of Oraro and Rachier Advocates (which has since split into two iconic law firms) and later worked at Simani & Co. Advocates, Mboya Advocates, State Law Office and briefly at the Museum of Kenya. Then, Evans joined others to form Sunkuli, Ogetto & Monari Advocates from where he joined Daly & Figgis as a Partner at the turn of the Millennium. Lastly, Evans joined Bowmans and served as the Senior Disputes and Arbitration Partner, till his demise.

Richard Harney, Founding Partner of Coulson Harney (Bowmans, Kenya), highlighted the contribution of Evans at Bowmans: “Evans nurtured our young lawyers, worked alongside our lawyers, and gave confidence to our partners that with him on our side, things will go well.” Paras Shah, Managing Partner of Bowmans Kenya, added: “Daktari, you were a legend. You have left an indelible mark on the legal profession and on your law firm …You lit up our offices. You inspired us. You led us. You strengthened us.” Ezra Davids, Chairman and Senior Partner at Bowmans, concluded: “Go well Evans! You have left your mark. Thank you for sharing your great talent with us as your colleagues, and with our clients. We are eternally grateful.

Lawyers

Book Review: Exploring Conflict Management in Environmental Matters

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By Dr. Kariuki Muigua, PhD; C.Arb.; FCIArb; FCPK; African Arbitrator of the Year 2022.

The relationship between environment and conflicts in Africa is epitomized by resource-curse phenomenon with countries having abundance of natural resources experiencing less economic growth or underdevelopment due to challenges in use and governance of natural resources. The environment-conflict nexus is a fundamental concern across the continent and in Kenya given the social, economic, cultural and political impact of environmental conflicts. Thus, environmental conflict management is more important than ever.

In the light of the Sustainable Development agenda adopted by the United Nations, effective management of conflicts in environmental matters is crucial in spearheading economic and social development across the globe. Sustainable Development goal 16 acknowledges the role of peace in promoting environmental conservation and attaining the other sustainable development goals. Conflict management is therefore a critical tool of environmental management in the quest towards attainment of Sustainable Development.

Dr. Kariuki Muigua’s latest book, Exploring Conflict Management in Environmental Matters is a timely addition to the existing environmental conflict management literature. The book acknowledges the relationship between conflicts and environment and, informed by the need to address the adverse effects of conflicts on environmental matters, explores the link between conflict management and environmental governance highlighting the attendant challenges and suggesting practical recommendations towards addressing them.

This latest Dr. Kariuki Muigua’s book bridges the gap in the fields of Conflict Management and Environmental Governance in Kenya. It is premised on the current legal framework and brings out challenges and areas for reform in environmental conflict management in Kenya. The book undertakes a Political, Economic, Sociological, Technological, Legal and Environmental (PESTEL) analysis of key issues and concerns in conflict management and environmental matters in Kenya and lays a basis for necessary interventions towards effective environmental conflict management for sustainable development.

The book features several themes on Conflict Management and Environmental Governance including Sustainable Development; Access to Justice; Alternative Dispute Resolution and Acess to Justice and Environmental Democracy. In demonstration of Dr. Kariuki Muigua prowess and sound understanding of pertinent environmental conflict management issues, the book is written in a clear and concise language yet the author maintains high standards of intellectual diligence and critical analysis of issues. Dr. Muigua succeeds in opening up the minds of his readers to explore the ideal world of effective conflict management as a subset of sound environmental governance.

The book is divided into ten chapters that are well connected with each chapter focusing on specific concerns in relation to the overall theme of the book. Chapter One introduces the reader to the concept of conflict management in environmental matters and explores the environment-conflict nexus and the need to manage such conflicts. Chapter Two deals with the causes and manifestations of environmental conflicts. It further analyses various types of environmental conflicts biodiversity conflicts and land and water conflicts. The chapter also presents an interesting idea about the benefits of conflicts. It argues that conflicts can trigger people out of complacency and inspire them to take positive action.

Chapter three discusses the institutional and methodological approaches towards management of environmental conflicts and their strengths and weaknesses as well as proposals for reforms. It discusses the legal framework for managing environmental conflicts in Kenya including the Courts, the National Environment Tribunal (NET), National Environmental Complaints Committee, Arbitral tribunals, statutory tribunals and customary justice systems. The chapter also discusses the role of Alternative Dispute Resolution (ADR) in the management of environmental conflicts. Chapter four focuses on best practices in conflict management and the environment by analyzing the international environmental law framework and environmental conflict management. The chapter further focuses on the African situation and analyses the concept of peace building and conflict management in Africa.

Chapter five discusses effective conflict management as tool for entrenching environmental rights. The chapter presents a right –based approach to environmental conflicts management and argues that human rights are inextricably linked to the environment. The chapter explores this link under the concept of environmental democracy which is crucial in the realization of environmental rights. The chapter further analyses principles of effective conflict management such as participation, inclusion, empowerment, cultural sensitivity, equity and the Sustainable Livelihoods Approach (SLA). Chapter six focuses on the place of conflict management in the sustainable development agenda. The chapter discusses the place of the environment in the sustainable development agenda and argues that most of the sustainable development goals are anchored in the environment.

Chapter seven narrows down to Kenya and discusses environmental conflicts management from a Kenyan perspective. It analyses the emergence of environmental conflicts in Kenya and various means through which these conflicts are managed. The chapter further explores the idea of effective peace building towards environmental conflict management in Kenya. Chapter eight discusses the role of state agencies and communities in achieving effective management of environmental conflicts. It argues that the state plays an important role in management of the environment in Kenya as envisioned under article 69 of the Constitution. The chapter further discusses the role of the state and communities in addressing environmental conflicts.

Chapter nine analyses contemporary issues in conflict management and environmental matters including gender and conflict management, Traditional Ecological Knowledge and its role in environmental and conflict management, the role of science and technology in environmental management, climate change as a catalyst for environmental conflicts and international investments and the environment. The chapter discusses how these issues affect environmental conflict management and the need for sustainable development perspective in conflict management. Chapter ten recaps the entire discussion, reiterates the importance of effective environmental conflict management in sustainable development and offers viable recommendations towards promoting effective environmental governance and conflict management in environmental matters.

Exploring Conflict Management in Environmental Matters by Dr. Kariuki Muigua is a must read. The book is a useful resource for policy makers, legislators, practitioners, lecturers, students and the public at large. It contains a rich reservoir of knowledge in the fields of Conflict Management and Environmental Governance and its launch is going to be a game changer in these fields. Get yourself a copy and let us embark on this journey towards effective management of environmental conflicts toward Sustainable Development.

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Why We Nominated Dr. Kariuki Muigua as African Arbitrator of the Year 2022

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Dr. Kariuki Muigua, PhD in Law (Nrb), FCIArb (Chartered Arbitrator), LL. B (Hons) Nrb, LL.M (Environmental Law) Nrb; Dip. In Law (KSL); FCPS (K); Dip. In Arbitration (UK); MKIM; Mediator; Consultant: Lead expert EIA/EA NEMA; BSI ISO/IEC 27001:2005 ISMS Lead Auditor/ Implementer; Advocate of the High Court of Kenya; Senior Lecturer at the University of Nairobi, School of Law

By Paul Musyimi, Publisher & Editor, The Lawyer Africa & The Arbitrator Africa.

Dr. Kariuki Muigua, PhD is a Chartered Arbitrator since 2015, Fellow of the Chartered Institute of Arbitrators since 2012 and the Africa’s Trustee of the Chartered Arbitrators since 2019. He is Kenya’s foremost Arbitrator and ADR Practitioner as confirmed by the Inaugural Lifetime Achievement Award accorded to him by CIArb (Kenya) in 2021 and being named the Law Society of Kenya (Nairobi) ADR Practitioner of the Year 2021 at the Nairobi Legal Awards. Dr. Muigua is the author of Kenya’s leading Arbitration Law Textbook, Settling Disputes Through Arbitration in Kenya, now in its 4th Edition, and one of the Founders and the Editor-in-Chief of the Official Journal of Arbitration in Kenya, the Alternative Dispute Resolution (ADR) Journal of the CIArb (Kenya Branch).

Dr. Muigua is ranked among the top 6 Arbitrators in Kenya (Band 1) by the prestigious Chambers & Partners in the year 2022. He has handled dozens of international and domestic arbitrations whose cumulative subject matter value is north of a quarter of a Billion US Dollars (over Ksh. 250 Billion) in the last decade alone.  He is an avid Arbitration Law and ADR Scholar, writer and researcher and has supervised numerous LL.M and PhD Thesis in the area in the last decade. He also teaches International Commercial Arbitration at the University of Nairobi and is a tutor and examiner of the Chartered Institute of Arbitrators.

If any African Arbitrator deserves to be named the African Arbitrator of the Year 2022 at the 3rd African Arbitration Awards to be held on Friday, 17th June 2022 at Kigali, Rwanda, it is Dr. Kariuki Muigua, PhD for his efforts in advancing the practice of ADR and Arbitration in Africa as Africa’s Trustee of CIArb and also in his private capacity as a mentor to many across the continent. He is the patron of the Young Arbitrators Club of the University of Nairobi and supported the launch of the Award which bears his name to encourage upcoming arbitrators enhance their writing skills. He has been involved in every aspect of ADR and arbitration including practice and leaders and for that he deserves the recognition and to win the Africa Arbitration Awards.

Dr. Kariuki Muigua, PhD: Twenty (20) Years of Excellence in Arbitration and ADR

In 2022, Dr. Kariuki Muigua, PhD commemorated 20 years as Arbitrator and ADR Practitioner. His journey in Arbitration and Alternative Dispute Resolution (ADR) started in 2002 when he took the Special member course 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). Three years later, in 2005, Dr. Kariuki Muigua graduated with Master of Laws (LL.M) from the University of Nairobi and his Thesis focused on resolving Natural Resource Conflicts through mediation.

In October 2010, Dr. Muigua completed Arbitration Module 4 Course leading to Fellowship to the Chartered Institute of Arbitrators (FCIArb). 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.

In 2012, Dr. Muigua graduated with Diploma in Arbitration from the Chartered Institute of Arbitrators (UK). In same year, Dr. Muigua was elected Chairman of the Chartered Institute of Arbitrators (Kenya branch) where he served for the next 3 years up to 2015. His tenure as CIArb (Kenya Branch) Chair 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.

In September 2012, Dr. Muigua served as a Consultant of 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.”

In 2013, he authored and published the first editions of the two of the leading books on ADR in Kenya: Resolving Conflicts through Mediation in Kenya (2013) and Settling Disputes through Arbitration in Kenya. Settling Disputes through Arbitration is now in its 4th Edition (published in February 2022) and Dr. Muigua has made it available free for download as part of Social Responsibility and mentorship to upcoming Arbitrators.

In 2013, Dr. Muigua also launched the Alternative Dispute Resolution (ADR) Journal, the official Journal of the Chartered Institute of Arbitrators (Kenya Branch) Journal, now in its 10th Volume. He continues to serve as the Editor-in-Chief of the acclaimed journal which was awarded the Africa’s Arbitration Publication of the Year 2020 at the Africa Arbitration Awards for its authoritative publishing of ADR research and scholarship from across Africa.

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 December 2015, Dr. Muigua was awarded the Chartered Institute of Arbitrators Chairman’s medal with a citation for exemplary service in December, 2015. He also authored Alternative Dispute Resolution and Access to Justice in Kenya (2015). In 2015, Dr. Muigua was also engaged as a consultant by the Commission for the Implementation of the Constitution in preparing a “Report for the Institutionalization of Traditional Dispute Resolution Mechanisms (TDRMs) and other Community Justice Systems.

In 2017, Dr. Muigua launched the Journal of Conflict Management and Sustainable Development, now in its 8th Volume. The journal has in the last 5 years earned its place as the leading peer-reviewed and most cited and authoritative publications in the fields of Conflict Management and Sustainable Development. Dr. Kariuki Muigua still leads the editorial board of the Journal as the Publisher and Editor in Chief. In January 2018, he was engaged as a consultant by the Court of Justice of the Common Market for Eastern and Southern Africa (COMESA Court of Justice) in the Consultancy to Review and Revise COMESA Court of Justice Arbitration Rules (2003).

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.

In 2021, he scooped the three top ADR Award in Kenya. The first award was the inaugural CIArb (Kenya) Lifetime Achievement Award, the highest honour ever awarded by the Institution. Dr. Muigua was also voted by his peers in the legal profession as the Law Society of Kenya ADR Practitioner of the Year Award. He also won the ADR Publisher of the Year Award by the CIArb (Kenya) for his numerous publications and research in ADR and arbitration.

Importantly, Dr. Kariuki Muigua has been consistently ranked among the top 10 arbitrators in Kenya for the last five (5) years in a row by the prestigious Chambers & Partners Lawyers Directory. In 2022, Dr. Kariuki Muigua was ranked among the Top 5 Arbitrators (Band 1) by the Chambers Global Guide which described him as having “an astute understanding of arbitration and mediation” and being at the forefront of ADR in Kenya.

Chambers and Partners describes Dr. Muigua as “a member of the Chartered Institute of Arbitrators and well known in this space” who is ‘a highly respected arbitrator and mediator, “publishes a lot of articles on alternative dispute resolution and arbitration” and “has been involved in several ground-breaking arbitrations.” It adds that Dr. Muigua is “respected for litigation that touches on commercial, constitutional and environmental law” and as a leading author who “has written a number of books on arbitration referred to by courts and judges.”

Clearly, Dr. Kariuki Muigua is a leading ADR Practitioner in Kenya and across Africa and deserves to be the African Arbitrator of the Year 2022 for his contribution in consistently and excellently practicing ADR as Arbitrator, Mediator, Scholar, Publisher, Leader and Consultant. Dr. Kariuki Muigua continues to volunteer and serve as the Tutor and Assessor at the Chartered Institute of Arbitrators-Kenya. He is also a prolific writer and has published over hundred articles and papers on Arbitration and Alternative Dispute Resolution.

Dr. Muigua also serves in the Branch Committee of the Chartered Institute of Arbitrators (Kenya). Previously, he served as a Member and Past Chairperson of the Sub-Committee on Information Technology (IT) and Member of the Legal Committee of the Institute. 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.

Highlight of Dr. Kariuki Muigua Arbitration Experience

Dr. Kariuki Muigua has handled arbitrations whose subject matter value is over Ksh. 250 Billion (estimated USD. 200 Million) in the last decade alone. He has handled major international and domestic arbitrations in the areas of renewable energy, employment law, agriculture, natural resources and extractives, construction, shareholder agreements, ICT contracts and equipment, franchising and distributorship and property management. He has been appointed sole arbitrator, member of arbitral tribunal and chairperson of arbitral tribunal under the rules of the London Court of International Arbitration, ICC Arbitration Rules, Nairobi Centre for International Arbitration (NCIA) Rules and Arbitration Act 1995 (as amended in 2009).

At the international level, Dr. Muigua has handled several high stakes International Arbitrations including acting as a Member of an Arbitral Tribunal a dispute on between an International Energy Company based in Europe and State Corporation of an African country for breach of contract for a regional power transmission tender whose subject matter was over USD 40 Million. He also acted as the sole arbitrator in a case in case involving two international companies which had entered a Joint Operating Agreement for extraction of natural resource where one party was a financier and the subject matter value was over USD. 100,000,000. The reference was conducted under the auspices of the International Chamber of Commerce and International Court of Arbitration and the ICC Arbitration Rules were applicable here as well as the laws of one of the West African countries. In addition, Dr. Muigua acted as a sole Arbitrator appointed by the London Court of International Arbitration in a claim of USD. 7,000,000 for termination of a contract where the rules of the London Court of International Arbitration were applicable.

Dr. Kariuki Muigua was also the sole arbitrator in a matter between an Export Company and a State Ministry involving a dispute on a tender for the supply and delivery of farm inputs. The claim was over USD 15,000,0000 and the arbitration was conducted in accordance with the Nairobi Centre for International Arbitration Rules, 2015. Dr. Muigua also handled a dispute for a contract of over USD 6,000,000 involving an African State National Roads Corporation and an International Construction Contractor for construction of a major road and bridge. He acted as the Chair of the Dispute Adjudication Board which applied the procedural rules annexed to the FIDIC Conditions of Contract, Planned and Designed, 1999 Edition. He also acted as a Member of Tribunal appointed by the London Court of International Arbitration in a Claim affecting a multi-million sale and purchase of shares between two major energy companies in Africa.

In domestic arbitrations in Kenya, Dr. Kariuki Muigua acted as the Sole Arbitrator in a breach of Memorandum of Understanding claim involving subject matter value of Kshs. 1,700,000,000. Dr. Muigua also acted as Chair of a Tribunal in a Claim for the breach of contract in respect of the installation of equipment whose subject matter was over Kshs. 100,000,000. He also acted as Sole Arbitrator in a dispute over sale and distribution of the Respondent’s products within a designated territory where the subject matter was over Kshs. 50,000,000. Dr. Muigua was also the Sole Arbitrator in a claim by a contractor against a Constitutional Commission over a tender to erect and an office and a multipurpose block for Kshs. 45,000,000. He also arbitrated as in a dispute between a property management company and public company over contract to manage the apartments and market them whose subject matter value was approximately Kshs. 150,000,000 as a Sole Arbitrator.

Dr. Muigua also arbitrated in an estate management dispute where the subject matter was over Kshs. 26,000,000,000 as the sole arbitrator under Kenyan law. Dr. Muigua was also the sole arbitrator in an Islamic Banking finance dispute between a transporter and an Islamic bank involving Mudharaba and Murabaha Agreements where claim for special damages was around Kshs.140, 000,000. Other arbitrations handled by Dr. Kariuki Muigua as a sole arbitrator in recent days include a dispute between insurance broker and car dealers for general insurance services over subject matter value of Kshs. 120,000,000, a claim of Ksh. 20,000,000 for a transport contract between a truck company and a State Corporation for the transportation of sensitive products and a claim against a major transport company for the rental of ICT equipment whose subject matter was USD. 100,000.

 

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Dr. Kariuki Muigua’s Contributions to Conflict Management and Dispute Resolution in Africa

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Dr. Kariuki Muigua, PhD is one of the leading conflict managers and dispute resolution experts in Kenya and across Africa both as a seasoned Lawyer and a renown Litigator and as an ADR Practitioner and Arbitrator. He has researched, taught, written, edited, published, trained, mentored and practiced conflict management and dispute resolution for the last 30 years both as a lawyer in Private Practice and as an Alternative Dispute Resolution Expert and Scholar. Dr. Kariuki Muigua is both the founder, publisher and editor of Africa’s leading Conflict Management Journal as well as one of the PhD Academics who majored in resolution of Natural Resources and Environmental Conflicts using mediation. Dr. Kariuki Muigua is also a leading author in the area of conflict management and has published several books on the topic including Resolving Conflicts through Mediation and Natural Resources and Environmental Justice in Kenya.

As an ADR Practitioner, Dr. Muigua was declared the first ever winner of the Chartered Institute of Arbitrators (Kenya Branch) ADR Lifetime Achievement Award, the highest honour given by the Institute to one member every year for his immense contribution to the growth of practice, research and scholarship of ADR in Kenya and across Africa. The award came barely a week after Dr. Muigua had won the coveted Law Society of Kenya ADR Practitioner of the Year Award at the 4th Edition of the Nairobi Legal Awards. LSK recognized Dr. Muigua for his outstanding practice in ADR and especially arbitration and his role as mentor to many lawyers venturing into the area. Dr. Kariuki Muigua was also awarded the ADR Publisher of the Year for his scholarship, authorship and editorship of leading research and publications on ADR in Africa including the Journal of Conflict Management and Sustainable Development and Alternative Dispute Resolution, the Official Journal of the CIArb (Kenya).

The tripartite awards have been hailed by many of Dr. Kariuki Muigua’s peers in the ADR and Arbitration fraternity as a fitting tributes to his made immense contribution to mainstreaming of alternative dispute resolution (ADR) and especially arbitration as way of resolving disputes in Kenya, East Africa and across Africa in the last two (2) decades. Indeed, starting in 2002 when Dr. Muigua took the Special Member Course leading to membership to the Chartered Institute of Arbitrators (MCIArb), Dr. Muigua one of the staunchest advocates of ADR in Africa in addition to becoming the foremost intellectual voice shaping ADR practitioners and scholars of the future. The contribution of Dr. Kariuki Muigua to the alternative dispute resolution (ADR) sector has taken many shapes and forms including as a practitioner, leader, policy maker, scholar, author, trainer, mentor and trailblazer among others.

Dr. Muigua is a leading Alternative Dispute Resolution (ADR) practitioner in Kenya, Africa and the world at large who has been recognized nationally and globally by peers. The world leading peer-reviewed lawyers’ directory, Chambers and Partners, rates Dr. Kariuki Muigua as one of the best alternative dispute resolution experts in the country. It describes 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.’ The most recent ranking adds: “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.”

Dr. Muigua has served in many panels as an arbitrator 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. He is also 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 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. Previously, he served as the Branch Chairman of CIArb-Kenya from 2012 to 2015. He also served CIArb as Member and past Chairperson of the Sub-committee on Information Technology (IT), CIArb and as Member of the Legal Committee Chartered Institute of Arbitrators (CIArb) – Kenya chapter. He is a Fellow of Chartered Institute of Arbitrators (CIArb)-Kenya chapter. He is also a member of the London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators (UK) and Kenya Branch. He is also a Member of Kigali International Arbitration Centre (KIAC) and Nairobi Centre for International Arbitration (NCIA). For his contributions, he was awarded Chartered Institute of Arbitrators Chairman’s Medal with a citation for exemplary service in December, 2015.

In policy-making, Dr. Kariuki Muigua is currently a member of the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy representing the Academia since 2020. The team is providing guidance and overseeing the process for formulation of a national policy and institutional framework on Alternative Dispute Resolution (ADR) in Kenya. He has also served as Member of the Meditation Accreditation Committee Panel of Mediators Accredited for Commercial Mediation under the Judiciary of Kenya. Recently, he led negotiations that achieved partnership with Chartered Institute of Arbitrators UK on GPR 625 (International Commercial Arbitration) for University of Nairobi LLM students to achieve membership status without further tests, 2020 to 2023.

On ADR Scholarship, Dr. Muigua is the author of the leading textbook on Arbitration in Kenya, namely, Settling Disputes through Arbitration in Kenya, now in its 4th Edition (2022) and available for free download, Alternative Dispute Resolution and Access to Justice in Kenya (2015) and Resolving Conflicts through Mediation in Kenya (2013). He has been cited hundreds of times as an ADR Scholar, contributed at least 3 chapters of published books, authored dozens of peer-reviewed articles in the areas of arbitration and alternative dispute resolution and presented over two dozen papers on ADR in diverse fora. Dr. Muigua has also facilitated numerous trainings, workshops and conferences on ADR. He has supervised and supervised at least two (2) completed PhD thesis on ADR, Dozens of Masters Thesis and is supervising three (3) PhDs in the area as a lecturer and mentor in ADR practice and scholarship. Dr. Muigua is a lecturer in International Commercial Arbitration at the University of Nairobi and tutor, trainer and assessor at the Chartered Institute of Arbitrators (Kenya Branch).

Dr. Kariuki Muigua is a Chartered Arbitrator (since January 2015) and Fellow of the Chartered Institute of Arbitrators (since October 2010) and Member of the Chartered Institute of Arbitrators (since 2002). He holds a Diploma in Arbitration (2012) and became Accredited as a Mediator by the Mediation Training Institute in 2015. He is also a renowned consultant on ADR Law and Practice and has authored reports whose recommendations had far reaching impact on the sector. As a professional who strives to attain excellence in the legal and ADR arenas, Dr. Muigua has gone out of his way to put ADR in the frontline as one of the leading modes of dispute resolution in Kenya, Africa and at global stage. Dr. Muigua is a holder of a Ph. D in law from the University of Nairobi and has widespread training and experience in both international and national commercial arbitration and mediation. Previously, he served as the chairperson, Department of Private Law of the University of Nairobi School of Law 2020-2021.

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