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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.

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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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