Lawyers

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.”

Published

2 years ago

October 17, 2021

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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 20^th 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.”

Related Topics:Bowmans Evans Monari Featured Top In Legal Top Lawyers in Africa Top Lawyers in East Africa Top Lawyers in Kenya

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

Published

1 month ago

October 30, 2023

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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

Published

2 months ago

October 23, 2023

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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.

Lawyers

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

Published

2 months ago

October 18, 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 2^nd 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.