News & Analysis

Proposals for Realizing the Right to Clean and Sustainable Energy for all in Kenya

Published

3 years ago

November 19, 2021

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By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Natural Resources Lawyer and Dispute Resolution Expert in Kenya)*

It has been argued that since energy cannot be created or destroyed, one of the best ways of ensuring that all Kenyans have access to clean energy is promoting energy efficiency. Goal 7 of the Sustainable Development Goals (SDGs) seeks to ensure that there is access to affordable, reliable, sustainable and modern energy for all. Particularly, countries are expected to ensure that by 2030, there is universal access to affordable, reliable and modern energy services; substantial increase in the share of renewable energy in the global energy mix and doubling the global rate of improvement in energy efficiency. Thus, the Government of Kenya needs to put in place he following measures to enhance the efficiency of the available sources of renewable energy as well as nonrenewable sources while minimizing any negative effects that these may have on the environment or the public’s health.

Expanding infrastructure and upgrading technology for supplying modern and sustainable energy services

SDG Goal 7.b seeks to ensure that by 2030, countries expand infrastructure and upgrade technology for supplying modern and sustainable energy services for all especially in developing countries, in particular least developed countries, Small Island developing States and landlocked developing countries, in accordance with their respective programmes of support. In line with the ‘Last Mile Project’, there is a need for the Government of Kenya to continually invest in infrastructure as well as upgrading energy technology to ensure that all Kenyans have access to modern and sustainable energy.

As things stand, there is a huge number of Kenyans who still rely of non-renewable energy such as kerosene, wood and charcoal (biomass), thus making it difficult to achieve the minimum 10% tree cover as provided for under Article 69 of the Constitution of Kenya 2010. Under Kenya’s Vision 2030 and specifically the National Renewable Energy Master Plan, the Government of Kenya hopes to ‘promote development of renewable energy as an alternative source of energy which will include generation of energy from solar, wind, biogas, development of bio-energy including bio-ethanol and diesel value chains and promotion of the use of improved cooking stoves and charcoal kilns, and re-afforestation of water towers. While these aspirations come with social, economic and political challenges, if achieved, they can go a long way in achieving the right to affordable and sustainable energy for all.

Mainstreaming Gender Issues in Energy and Addressing Poverty

Some authors have argued that if the right to energy for all Kenyans is to be realized, then gender issues ought to be tackled. This is because of the important role that women play when it comes to meeting the energy needs of families especially in the rural setting. Facilitating access to clean energy for women not only contributes to strengthening families and their health but also creates business opportunities for them. There is also a need to address poverty levels in the country. An economically empowered household is likely to have more choices when it comes to energy use for their domestic needs. Enhancing energy production in the country without addressing the socioeconomic factors that make energy unavailable to most households in the first place may not achieve much as far as adoption of cleaner sources of energy is concerned.

Promoting Energy Efficiency in Kenya

A number of studies have been carried out on factors that affect energy efficiency practices and how the stakeholders in the Kenyan energy sector can enhance energy efficiency in the country. Some of the energy demand and consumption aspects that influence the adoption of energy efficiency practices in the country that have been identified include: the different types of energy being used domestically in the household level; the respondents’ knowledge of energy efficiency; household energy consumption monitoring/tracking trends; knowledge on the potential energy efficiency practices; benefits associated with energy efficiency; and their knowledge regarding climate change dynamics and how these compare with domestic energy use. Promoting energy efficiency practices has been hailed not only as a way to ensure that there is enough energy for all but also as a climate mitigation measure.

As a result, Kenya’s Climate Change Action Plan 2018–2022 has prioritized enhancement of energy efficiency as one of the priority actions to mitigate climate change in the country. It is important to point out that producing power without promoting efficient consumption of the same will mean that it may be counterproductive as it may never be enough for everyone. There is need for continued promotion of diverse methods of enhancing efficiency across use of all sources of energy and in all sectors such as through ensuring that energy efficient appliances are not only available but also affordable, there is a wider use of efficient technology to take advantage of the available sources of energy such as biomass to come up with the most efficient and less polluting forms of the same and even use of biogas in villages for lighting and cooking.

As already pointed out, biomass provides about 69% of the country‘s overall energy requirements while petroleum accounts for about 22% and electricity about 9% and as at June, 2017, 65.6% of the electricity component was generated using renewable energy sources with fossil fuels providing the balance of 34.4%. There is a need to expand the use of these sources to generate more electricity. Private persons may also be considered for funding to come up with larger scale biogas production projects to light villages. This will not only create employment for more people but will also promote cleaner energy technologies and climate change mitigation.

Resolving the Issues Surrounding the Adoption of Nuclear Power

It is commendable that the Government of Kenya already put in place the Nuclear Power and Energy Agency as envisaged under the Energy Act, 2019 and also enacted the Nuclear Regulatory Act 2019. However, it is true that the Agency requires to work closely with other stakeholders across the board. While the Government has shown some efforts towards training of personnel to create expertise in nuclear power, there is a need for sustained and long term efforts for capacity building through training of engineers in industry and consultants as well as developing localized university and polytechnic level training in the country. The existential crisis facing the nuclear energy project in Kenya needs to be resolved as a matter of urgency. If the viability of Nuclear Energy generation in the country is ruled out, the resources currently being applied to it should be directed towards exploring and developing the ample renewable energy sources in the country.

Conclusion

Studies have concluded that although the government of Kenya has done so much to turn around energy use practices in the country, and the take up of these is increasing, most citizens still use crude energy sources basically wood, charcoal and crude fuels. There also seems to be a disconnect between the reported government efforts and achievements vis-à-vis actual public energy use practices pointing to both a communication gap and inability of the citizens to quickly take up these projects. Thus, while there is need to support the government’s efforts to diversify the available sources of renewable energy in Kenya, there is also a need for continued public awareness campaigns to sensitize the public on the need for practicing energy efficiency regardless of the energy source in question. It is not just about affordability and availability of energy but also how efficiently the same is utilized.

Such energy sources as nuclear power, while viable in the country require continued consultations, creating public awareness and immense investment in radioactive waste handling and disposal for the sake of public health and environmental protection. Indeed, some commentators have argued that African countries looking to invest in nuclear energy as a source of clean electricity should consider Europe’s struggles with disposing of radioactive waste. It is therefore important that the Government expands its choices while trying to meet the current and future energy needs of the country by investing more in the already available renewable sources of energy, enhance efficiency and also ensure affordability by a wider group. Exploring alternative sources of energy is a worthwhile exercise in line with Kenya’s quest for Sustainable Development.

*This is article is an extract from an article by Dr. Kariuki Muigua, PhD, Muigua, K., “Exploring Alternative Sources of Energy in Kenya,” Available at: http://kmco.co.ke/wp-content/uploads/2020/10/Exploring-Alternative-Exploring-Alternative-Sources-of-Energy-in-Kenya-Kariuki-Muigua-PhD.pdf, Dr. Kariuki Muigua is Kenya’s foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized as one of the leading lawyers and dispute resolution experts by the Chambers Global Guide 2021 and nominated as ADR Practitioner of the Year (Nairobi Legal Awards) 2021.

References

Dilek, T.D., and Akdoğan, E.C., “Renewable energy production, energy consumption and sustainable economic growth in Turkey: A VECM Approach.” Sustainability 11, no. 5 (2019): 1273.

Jianhui, J., Fan, X., He, P., Xiong, H., and Shen, H., “The effects of energy consumption, economic growth and financial development on CO2 emissions in China: A VECM Approach.” Sustainability 11, no. 18 (2019): 4850.

Kenya Vision 2030 Secretariat, ‘Development of New and Renewable Sources of Energy,’ Available at: https://vision2030.go.ke/project/development-of-new-and-renewable-sources-of-energy/ (accessed 19/11/2021).

Munene, M.B., Odongo, J.O., and Nyambane, A., ‘Energy Efficiency in Kenya: Public Awareness, Strategies, Challenges & Opportunities (Heinrich-Böll-Stiftung), Available at: https://ke.boell.org/en/2019/09/16/energy-efficiency-kenya-public-awareness-strategies-challenges-opportunities (accessed 19/11/2021).

Nyokabi, Y., ‘Promoting Energy Efficiency as a Climate Change Mitigation Action in Kenya (UNDP),’ Available at: https://www.ke.undp.org/content/kenya/en/home/stories/2019/lecrd-promoting-energy-efficiency.html (accessed 19/11/2021).

Republic of Kenya, National Energy Policy, October, 2018.

Sebastian, S., “Small-scale biogas production from organic waste and application in mid-income countries–a case study of a Lebanese community.” (2019) Available at: http://www.divaportal.org/smash/get/diva2:1334609/FULLTEXT01.pdf (accessed 19/11/2021).

Smith, T., ‘Women in Energy Means More Clean Energy for All across Africa,’ https://www.esi-africa.com/industry-sectors/future-energy/women-in-energy-means-more-clean-energy-for-all-across-africa/ (accessed 19/11/2021).

UN General Assembly, Transforming our world: the 2030 Agenda for Sustainable Development, 21 October 2015, A/RES/70/1, SDG Goal 7.

Wanjiru, H., Nyambane, A., Omedo, G., Davis, M., and Chelagat, W., ‘How Kenya Can Transform the Charcoal Sector and Create New Opportunities for Low-Carbon Rural Development,’ Available at: https://www.jstor.org/stable/resrep02811?seq=1#metadata_info_tab_contents (accessed 19/11/ 2021).

Zaharia, A., Diaconeasa, M.C., Brad, L., Lădaru, G.R., and Ioanăș C., “Factors Influencing Energy Consumption in the Context of Sustainable Development.” Sustainability 11, no. 15 (2019): 4147.

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News & Analysis

Brief Overview of Kenyan Bankruptcy Law

Published

4 weeks ago

February 20, 2025

Kiragu Wathuta & Company Advocates

Bankruptcy refers to the state where a debtor is unable to pay their debts when the debts become due. For a person to be bankrupt there must be an order by the court stating that they are unable to pay their debts.

Who can apply for a bankruptcy order?

Either the debtor or the debtor’s creditor(s) may apply to court for the issuance of bankruptcy Order.

What conditions must be met for the court to issue bankruptcy order?

Where the application for bankruptcy order is made by a debtor, they must satisfy the court that:

They are either domiciled in Kenya, personally present in Kenya or three years preceding the date of the application they have been ordinarily resident or carried business in Kenya.
Their debt meets the minimum prescribed threshold
They have not previously been adjudged bankrupt
They are not in the process of being adjudged bankrupt

When the application for bankruptcy order is made by creditor(s), they must satisfy the court that:

The debtor is either domiciled in Kenya, personally present in Kenya or three years preceding the date of the application they have been ordinarily resident or carried business in Kenya.
The debtor owes them a sum of money equal to or above the prescribed threshold
The debt is for a liquidated amount payable to the applicant creditor(s) either immediately or at some certain future time, and is unsecured
The debt is one that the debtor appears to be unable to pay or to have no reasonable prospect of being able to pay
There is no outstanding application to set aside a statutory demand in respect of the debt
They have given a notice of not less than twenty one days seeking payment of debt due immediately and the duration has lapsed without being paid
They obtained Judgment, served it on the debtor and after 21 days the decretal sum has not been paid
They have served on the debtor a demand requiring the debtor to establish to their satisfaction that there is a reasonable prospect that the debtor will be able to pay a debt payable in future, when it falls due and 21 days have lapsed without the demand being complied with or set aside.

Upon being satisfied that the above conditions have been met, the court issues a bankruptcy Order.

Can court issue a bankruptcy order on an application by secured creditors?

Court can make bankruptcy order on application by secured creditor(s) only when:

The application contains a statement by the person having the right to enforce the security that the creditor is willing, in the event of a bankruptcy order being made, to give up the security for the benefit of all the bankrupt’s creditors; OR,
The application is expressed not to be made in respect of the secured part of the debt and contains a statement by that person of the estimated value at the date of the application of the security for the secured part of the debt.

Under what circumstances can court dismiss an application for bankruptcy order?

The Court may dismiss an application if it is satisfied that either the debtor is able to pay all of the debtor’s debts; OR—

That the debtor has made an offer to secure or compound for a debt in respect of which the application is made
That the acceptance of that offer would have required the dismissal of the application; and
That the offer has been unreasonably refused.

What are the consequences of a Bankruptcy Order?

Where a trustee in bankruptcy has been appointed, the property of the bankrupt vests in the trustee. If no trustee has been appointed, the property of the bankrupt will vest in the Official Receiver to act as the interim trustee.
The bankrupt suffers all the disabilities of law for instance: they cannot run for elected positions, they can’t directors of a company, they can’t file suits in their own name, and they can’t enter into contracts.
No civil proceedings can be instituted or continued against the bankrupt once the order is made
The bankrupt has an obligation to provide a true and accurate account of all his assets, income and liabilities
The official receiver is entitled to recover assets that the bankrupt has transferred within two years immediately preceding the bankruptcy.
Does not extinguish debts of a bankrupt but only protects them from creditors commencing recovery proceedings without leave of court.

Kiragu Wathuta & Company Advocates

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Kiragu Wathuta & Company Advocates was established in 2013 by Mr. Kiragu Wathuta, an Advocate of the High Court of Kenya called to the bar in the year 2009. Our firm is run by an organized team of proffessionals who are highly skilled and widely exposed to diverse areas of law and the industry in general.

We have built a name for PROFESSIONALISM AND EXPERTISE in various disciplines of legal services including but not limited to civil and commercial litigation, conveyance and property matters as well as commercial and corporate law practice.

We provide value-added service in consonance with each individual client’s needs. For our clients, their interests are paramount and the client is our number one priority.

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News & Analysis

What is Carbon Markets?

Published

8 months ago

July 8, 2024

MMA Advocates LLP

Written by Faith Nyambura Kabora, Advocate.

Carbon markets are a mechanism designed to reduce greenhouse gas emissions which are essentially gases that trap heat in the atmosphere and contribute to the negative impacts of climate change such as prolonged drought and rising of sea levels.

Carbon markets operate on the principle of putting a price on carbon emissions to create commercial/economic incentives for public and private entities to reduce their carbon footprint and invest in cleaner, sustainable practices.

Ideally, by putting a price on carbon, the carbon markets encourage sustainable environmental practices and help counties meet their emission reduction targets under international treaties, like the Paris Agreement, which Kenya is a signatory to. For a broader understanding, here is how a carbon market works;

A Government establishes a limit on the total amount of greenhouse gas emission/pollution is allowed within its geographical limits;
A grant, say permissions are created and distributed to eligible participants. This allowance represents the right to emit a certain amount of greenhouse gas;
The participants can then buy and sell the allowances. Ideally, those who reduce their emissions more efficiently sell their surplus allowance to those who find it more challenging to reduce the emissions. If a company pollutes a lot, they need to buy more permissions, and if they do not pollute as much, they can sell their extra permissions.
Entities are required to hold enough allowances to cover their actual emissions. If they exceed allocated allowances, they face penalties or, as expounded above, they buy additional allowances. This is the part where compliance becomes mandatory for all the key players.
The price of the allowances fluctuates based on supply and demands and reflects the cost of emitting greenhouse gases. It is essentially like paying for pollution.

A carbon market plays a pivotal role in advancing climate action and promoting sustainable practices by incentivizing companies to reconsider their pollution practices, which can result in financial consequences as pollution becomes a costly endeavor. In Kenya, the introduction of a Carbon Market is imperative as the world confronts the dire consequences of climate change. Furthermore, it offers a commercial opportunity for investors considering the growing demand for environmentally friendly and carbon neutral products and services.

As mentioned above, the Paris Agreement is one of the most important international treaties dedicated strengthen global response to the negative impact of climate change. Ultimately, the Agreement’s goal is to motivate countries to limit global emissions and more importantly, to hold them accountable for their actions around reducing their carbon footprints.

Kenya as a signatory to the Paris Agreement has made significant contributions towards fulfilling the obligations under the Paris Agreement of limiting global temperature. The Climate Change (Amendment) Act 2023, nudges Kenya towards the realization of Article 6 of the Paris Agreement by introducing provisions and regulation of and participation in carbon markets.

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As one of the top law firms in Nairobi, MMA Advocates is renowned for its proactive strategy and innovative legal lawyer advice. Our firm is committed to delivering strategic assistance that not only tackles current difficulties but also equips clients for future legal trends and advancements. As top lawyers in Nairobi Kenya, we take great satisfaction in our ability to combine in-depth legal knowledge with creative problem-solving. We keep a close eye on business trends and legal advancements to deliver timely guidance that enables our clients to make wise choices.

Our main goal as MMA Advocates is to establish long-lasting partnerships based on integrity, decency, and reliability. Since every client’s circumstance is unique, our best advocates in Kenya offer timely service and individualized attention at every stage of our collaboration. We make sure our clients are informed and empowered throughout their legal journey because we value openness and transparency in communication. In every case we take on, we are deeply committed to obtaining positive results and client satisfaction. This is just one aspect of our unwavering commitment to quality.

Whether you are a startup negotiating regulatory obstacles, an established corporation expanding, or a private citizen seeking legal assistance on personal problems, our Best Corporate Lawyers in Kenya are dedicated to becoming your legal partner. Our expertise include Commercial Litigation, Real Estate & Development, Fintech, Public Procurement (Public Private Partnerships), Project Finance, Public Law Litigation, Legal Audits & Compliance Advisory and Crisis Management.

We hope to arm you with the legal know-how and strategies needed to achieve your objectives. Our team enjoys taking on challenging legal matters with creativity and strategic understanding, protecting your rights and effectively achieving your goals. With a thorough comprehension of both regional laws and global norms, we are prepared to confidently and competently lead you through the complexities of corporate law.

In the intensely competitive legal arena, our tailored legal and strategic solutions distinguish us. We value depth over breadth, guaranteeing our clients our full dedication and unparalleled efficiency. Where many spread themselves wide, we narrow our focus to a select few of the most challenging cases. We tread the path less traveled.

To find out more about how MMA Advocates in Nairobi Kenya can help you with your legal issues, get in touch with us. With our team of committed professionals and our standing as one of the top law firms in Nairobi, we are well-positioned to offer outcomes that surpass expectations and guarantee your success in a legal environment that is always changing.

News & Analysis

Review: Alternative Dispute Resolution (ADR) Journal, Volume 12(3), 2024

Published

11 months ago

April 28, 2024

Kariuki Muigua & Company

The Alternative Dispute Resolution (ADR) Journal, Volume. 12, No.3, 2024 covers pertinent and emerging issues across all ADR mechanisms. This volume exposes our readers to a variety of salient topics and concerns in ADR including Building Peace in Africa, Public Policy as a Ground of Setting-Aside an Arbitral Award, Ethics, Integrity and Best Practice in Mediation, Accessing Justice in Kenya, Sports Arbitration, ESG Arbitration, Arbitration of Investor-State Dispute in Kenya, Article 159(2) of the Constitution of Kenya 2010 and issuance of interim measures by Arbitral Tribunals. The ADR Journal is a publication of the Chartered Institute of Arbitrators, Kenya Branch. It provides a platform for scholarly debate and in-depth investigations into both theoretical and practical questions in Alternative Dispute Resolution.

The journal is edited by Professor of Law at the University of Nairobi, Faculty of Law Hon Prof. Kariuki Muigua, a distinguished law scholar, an accomplished mediator and arbitrator with a Ph.D. in law from the University of Nairobi and widespread training and experience in both international and national commercial arbitration and mediation. Prof. Muigua is a Fellow of Chartered Institute of Arbitrators (CIArb)- Kenya chapter and also a Chartered Arbitrator. He is a member of the Permanent Court of Arbitration, The Hague. He also serves as a member of the National Environment Tribunal. He has served as the Chartered Institute of Arbitrator’s (CIArb- UK) Regional Trustee for Africa from 2019 -2022.

In the paper “Building Peace in Africa through Alternative Dispute Resolution” Hon. Prof. Kariuki Muigua critically discusses the role of Alternative Dispute Resolution (ADR) mechanisms in peace building in Africa. The paper argues that ADR mechanisms can play a fundamental role in building peace in Africa. The paper further posits that ADR mechanisms are able to enhance sustainable peace in Africa due to their focus on reconciliation and restorative justice. It proposes solutions towards building peace in Africa through ADR.

In “the Emergence of the International Commercial Court: A Threat to Arbitration of Investor-State Dispute in Kenya” Marion Injendi Wasike and Dr. Kenneth W. Mutuma argue that the proliferation of international commercial courts, including their introduction in Kenya, necessitates a thorough analysis of their implications on arbitration’s role in investor-state disputes. By juxtaposing these emerging judicial entities against traditional arbitration paradigms, the discussion aims to unravel the complexities and potential shifts in dispute resolution preferences, highlighting the balance between innovation in legal adjudication and the sustenance of arbitration’s revered position in the international legal order.

Kamau Karori SC, MBS in “Striking a Balance: A Delicate Dance Between Sanctity and Scrutiny” notes that the continuing debate —between upholding the inviolability of arbitral awards and judicial intervention in cases of egregious injustice points to the need for delicate balancing between non-interference and the need to correct unmistakably unjust awards. The urgency of this discourse is informed by the need to prevent consumers or potential consumers of arbitration services opting to exclude arbitration clauses due to perceived deficiencies. The article seeks to navigate the genesis of the debate, delicately dissect the different perspectives, and draw comparisons with global practices.

The article “Reforming Kenya’s Law on Probation and Aftercare Services to Promote Alternative Dispute Resolution” by Michael Sang engages in a comprehensive exploration of Kenya’s Probation of Offenders Act within the context of the growing role of Alternative Dispute Resolution (ADR) principles in the nation’s criminal justice system. Drawing inspiration from international legal instruments such as “The Beijing Rules,” “Bangkok Rules,” and “Tokyo Rules,” the study evaluates the Act’s provisions, strengths, and limitations. It concludes with a call for thoughtful reforms that align Kenya’s criminal justice system with international standards, emphasizing a balanced and compassionate approach to justice.

The “Upholding Ethics, Integrity and Best Practice in Mediation” by Hon. Prof. Kariuki Muigua, OGW critically discusses the need for standardization of mediation practice in Kenya by adopting best practices. It examines some of the challenges facing mediation practice in Kenya. It is also explores measures adopted towards fostering best practices in mediation at both the global and national level. The paper further suggests recommendations aimed at upholding ethics, integrity and best practice in mediation. In “Exploring the Role of Mediation in Promoting Small and Medium Enterprises (SMEs) and Fostering Economic Growth in Kenya” Atundo Wambare offers an in-depth analysis of the use of mediation in promoting the growth of small and medium enterprises (SME’s). He makes recommendations on how best mediation can be harnessed as a tool for economic growth in Kenya.

James Njuguna and Nyamboga George Nyanaro in “Compulsory Resolution or Autonomy Erosion? The Debate on Mandatory Sports Arbitration delve into the contentious issue of mandatory sports arbitration, questioning its role as a potential future pathway for dispute resolution. Their research examines the implications of compulsory arbitration on athletes’ autonomy, juxtaposing it with the benefits of expedited dispute resolution.

Paul Ngotho in “Constitution of Kenya 2010 Article 159.2.(c): Ancestry, Anatomy, Efficacy & Legacy” traces the rather odd origin and everlasting effect of the often-cited Article 159.2.(c) of the Constitution of Kenya 2010. It acknowledges the central role played by two members of the Chartered Institute of Arbitrators Kenya Branch, quietly and privately, away from the mainstream constitution making process. One of them chairman of the Branch, the other the Minister of Justice, National Cohesion and Constitutional Affairs.

David Onsare in “Navigating The ESG Maze: Emerging Trends in Arbitration and Corporate Accountability” embarks on a timely exploration of the dynamic interplay between Environmental, Social and Governance (ESG) factors and arbitration, a field gaining critical importance in the realm of corporate accountability. By offering a comprehensive view of the complexities and practical implications of ESG in arbitration, the article serves as a crucial guide for legal professionals navigating the evolving landscape of corporate responsibility and arbitration. In “Public Policy as a Ground of Setting-Aside an Arbitral Award: Musings on the Centurion Engineers Civil Appeal Judgment”

Ibrahim Kitoo argues a case for upholding of public policy as a ground for the nonrecognition, non-enforcement and setting aside of an arbitral award in cases where to recognise and enforce such awards proves to be a clear violation of the law and against the public good. Juvenalis Ngowi in “Arbitral Tribunals: Do they have the power to issue interim measures during the proceedings?” discusses the powers of the Arbitral Tribunal to grant such orders and examines some procedural rules which empower arbitrators to issue such orders, the scope of those powers, and the factors to be considered when granting interim measures in the arbitral proceedings.

In “Examining the Efficacy of Mediation as A Tool for Accessing Justice in Kenya: Opportunities, Challenges, and Future Perspectives” Murithi Antony undertakes a thorough examination of mediation as a form of ADR in the Kenyan context. He identifies opportunities arising from the integration of mediation into the country’s legal system and explores barriers impeding its widespread adoption. The article concludes with a resounding call to action for all stakeholders to champion the use of mediation collaboratively and proactively, given its proven efficacy in dispute resolution.

Kariuki Muigua & Company

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Kariuki Muigua & Company Advocates is a Top-Tier Kenyan law firm situated at the heart of Nairobi city in Kenya. We are a broad-based practice with a reputation for offering a full range of quality services to our domestic and international clients.

At KM&CO, we take pride in offering personalized attention to our diverse clientele. Our practice aspires to offer efficient and cost-effective legal solutions that meet our esteemed clients’ needs in a timely and competent manner.

KM&CO was founded in 1993 by the current senior Advocate, Dr. Kariuki Muigua. It is based in the Central Business District of Nairobi at the Pioneer Assurance House located opposite 7th August Bomb Blast Memorial Park enjoying the convenience of close proximity to major financial, commercial and governmental institutions.

We are open for consultations with our clients worldwide; we have lawyers on standby for 24 hours to cover diverse time zones that impact on our global clients.