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The Constitutional Basis of Strategic Environmental Assessment in Kenya

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By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), Winner of Kenya’s ADR Practitioner of the Year 2021, ADR Publication of the Year 2021 and CIArb (Kenya) Lifetime Achievement Award 2021*

The establishment of Strategic Environmental Assessment (SEA) in Kenya has been attributed to the recognition of the fact that the existing Environmental Impact Assessment (EIA) tool was unable to respond to environmental integration needs at strategic levels of decision-making. Before the promulgation of the current Constitution of Kenya 2010, there was little or inadequate formal and systematic integration of environmental considerations into Kenya’s decision-making for developmental activities was generally. Notably, the Constitution treats environmental matters as central to decision-making processes especially with regard to the national development agenda. This is in line with the global environmental agenda of promoting sustainable development in all spheres of development. Most of the post-Constitution 2010 policies and legislation on environment are required to incorporate the Constitutional provisions.

The Constitution of Kenya 2010 saw a paradigm shift in environmental management in Kenya by dedicating substantive provisions on the conservation and management of the environment and natural resources in Kenya. To begin with, there is the preambular declaration which partly affirms the people’s respect of the environment, being their heritage, and the determination to sustain it for the benefit of future generations. One of the national values and principles of governance as outlined in the Constitution is sustainable development. The values and principles of governance are to bind all State organs, State officers, public officers and all persons whenever any of them–– applies or interprets this Constitution; enacts, applies or interprets any law; or makes or implements public policy decisions.

Sustainable development encompasses social, economic and environmental management, amongst other elements and the import of the foregoing values and principles is that environmental considerations must be central to enactment, application or interpretation of any law; or making or implementation of public policy decisions. It has been pointed out that, applied as a systematic process, SEA leads to more pro-active decision making in support of sustainable development, ensuring that ethical principles are considered in policy, plan and programme making and different paths on how to achieve overall goals and objectives can be mapped out. Furthermore, it is noteworthy that over the past decade, an important rationale for applying SEA has been planning for sustainable development.

Besides considering environmental and socio-economic aspects and pro-active objectives-led decision making, this also includes the consideration of the quality of life of future generations. This, therefore, means that SEA finds its way in some of these governance decisions and it becomes an indispensable part of these processes, considering that it concerns itself with public programmes, plans and policies. Art. 42 thereof provides for the right of every person to a clean and healthy environment, which includes the right— (a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and (b) to have obligations relating to the environment fulfilled under Article 70.

SEA is one of the tools to be used for the protection of the environment. Of particular relevance to this discussion are the State obligations to, inter alia—(a) ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources; (d) encourage public participation in the management, protection and conservation of the environment; (f) establish systems of environmental impact assessment, environmental audit and monitoring of the environment; and (g) eliminate processes and activities that are likely to endanger the environment. Environmental assessment is expressly recognised under this provision alongside the principle of public participation which is central to such processes. It has been observed that public participation in SEA provides a crucial [political] view of people’s ways of understanding problems connected with policy, plan and programme making and can rationalise the decision process. This is because it can make the whole planning process more efficient and reliable, improving the possibility of reaching formal agreement.

With regard to eliminating processes that are likely to endanger the environment, it has been argued that SEA should apply the precautionary principle: if the value of development and its impacts are uncertain there should be a presumption in favour of protecting what exists. It is suggested that impact mitigation in SEA could include changing aspects of the strategic action to avoid the negative impact, influencing other organizations to act in certain ways, or setting constraints on subsequent project implementation.33 Article 70(1) provides that if a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.

On application under clause (1), the court may make any order, or give any directions, it considers appropriate–– (a) to prevent, stop or discontinue any act or omission that is harmful to the environment; (b) to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or (c) to provide compensation for any victim of a violation of the right to a clean and healthy environment. While it is NEMA that is obligated to carry out SEA, where it fails to carry out its mandate on SEA, any person who is dissatisfied with the manner in which the same has been done or where it has not been done can approach the court to have them compelled to fulfill their statutory obligations for environmental management.

This provision read together with Regulation 43(2) of Legal Notice 101 of 2003 which requires incorporation of summary of views of key stakeholders consulted into an environmental analysis suggests that one can challenge the validity of such PPPs. Considering that the Constitution provides environmental obligations for both the national and county levels of government, differing and inconsistent goals and objectives can be a major challenge to decision making for sustainable development. These include goals and objectives of: different administrative tiers, the three main systematic decision making levels (i.e. policies, plans and programmes), and different sectors. As such, it has been argued that SEA application helps reconciling differing goals and objectives through integration, thus uncovering inconsistencies and providing a platform for suggestions on how to achieve sustainable development. Furthermore, SEA application at the regional level allows reconciling national and local levels of decision making.

*This is article is an extract from an article by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards) and Lifetime Achievement Award 2021 (CIArb Kenya): Muigua, K., Legal Aspects of Strategic Environmental Assessment and Environmental Management, Available at: http://kmco.co.ke/wp-content/uploads/2018/08/Legal-Aspects-of-SEA-and-Environmental-Management-3RD-December-2016.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. 

References

Birnie, P. & Boyle, A., International Law and the Environment, (2nd ed., Oxford University Press, 2002), p.131-132.

Brown, A.L. & Thérivel, R., ‘Effective methodologies: Principles to guide the development of strategic environmental assessment methodology,’ Impact Assessment and Project Appraisal, vol. 18, No. 3, September 2000, pp. 183–189.

Constitution of Kenya, Laws of Kenya, Government Printer, Nairobi (2010).

Fischer, T.B., ‘Strategic environmental assessment in post-modern times,’ Environmental Impact Assessment Review, Vol.23, 2003, pp.155–170.

Mutui, F.N., ‘The Development and Practice of Strategic Environmental Assessment (Sea) In Kenya,’ European Scientific Journal, October 2013, vol.9, No.29, pp. 165-185.

Organization for Economic Co-Operation and Development, ‘Applying Strategic Environmental: Assessment Good Practice Guidance for Development Co-Operation,’ DAC Guidelines and Reference Series, 2006. Available at http://www.oecd.org/environment/environment-development/37353858.pdf [Accessed on 04/12/2021].

Rio Declaration on Environment and Development, UN Doc. A/CONF.151/26 (vol. I) / 31 ILM 874 (1992).

Sands, P., Principles of International Environmental Law, (2nd edn, Cambridge University Press,2003), pp.799-800.

Therivel, R., Strategic Environmental Assessment in Action, (Earthscan, London and VA, 2004), p. 8.

United Nations Economic Commission for Europe, Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context, Art. 2(6). Available at https://treaties.un.org/doc/source/RecentTexts/27_4bE.pdf assessment [Accessed on 04/12/2021].

World Bank, ‘Strategic Environmental Assessment,’ September 10, 2013, available at http://www.worldbank.org/en/topic/environment/brief/strategic-environmental-assessment [Accessed on 04/12/2021].

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The Top 100 Arbitrators in Kenya in 2023

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THE LAWYER AFRICA released the list of TOP 35 Arbitrators in Kenya 2023 who comprised mainly active Chartered Arbitrators and the most distinguished active arbitrators in Kenya. THE LAWYER AFRICA TOP 100 ARBITRATORS IN KENYA 2023 comprises arbitrators who are outstanding in arbitration in Kenya. Given that Kenya has slightly over one thousand qualified Arbitrators, the TOP 100 ARBITRATORS are essentially the top 10% of  Arbitrators in the country. The listed arbitrators have acted in several recent and significant arbitrations and are leaders or in the panels of the various Arbitration bodies active in Kenya including Chartered Institute of Arbitrators, ICC-Kenya, Nairobi Centre of International Arbitration (NCIA) and LCIA Africa Users Council among others.

TOP 100 ARBITRATORS IN KENYA 2023

  1. AASIF KARIM, FCIArb.
  2. ANDREW O. MUMA, FCIArb.
  3. ANDREW WARUHIU, MCIArb.
  4. ANTHONY G. KIMANI, FCIArb.
  5. ANTHONY LUBULLELAH, FCIArb.
  6. ANTHONY NJOGU, MCIArb.
  7. JULIUS M.F. MUTUNGA, FCIArb.
  8. ASHOK J. DAVE, MCIArb.
  9. ASUNTA NDAMI, MCIArb.
  10. BENSON NGUGI NJERI, FCIArb.
  11. BRYAN MAILU MUINDI, FCIArb.
  12. CECIL KUYO, FCIArb.
  13. CHARLES N. KANJAMA, FCIArb.
  14. COLLINS O. ADIPO, FCIArb.
  15. COSIMA A. WETENDE, FCIArb.
  16. CYNTHIA OPAKAS, FCIArb.
  17. DAN K. AMEYO, FCIArb.
  18. DAVID M. MEREKA, MCIArb.
  19. DAVID MUTHEE MICHUKI, MCIArb.
  20. DAVID NJUGUNA NJOROGE, FCIArb.
  21. DEBORAH KERUBO NYAMWEYA, FCIArb
  22. DIANA SAWE TANUI, FCIArb.
  23. DOMINIC NJUGUNA MBIGI, MCIArb.
  24. KEN NYAUNDI, FCIArb.
  25. DANIEL SACHO CHERONO, FCIArb.
  26. ESTHER KINYENJE, FCIArb.
  27. EVANS GAKURU, MCIArb.
  28. EVANS K. LANGAT, FCIArb.
  29. FAITH MONY ODHIAMBO, FCIArb.
  30. FESTUS LITIKU, FCIArb.
  31. FLORENCE SHAKO, FCIArb.
  32. FRANCIS KAIRU BACHIA, MCIArb.
  33. FRANCIS KARIUKI, FCIArb.
  34. GEOFREY NYAANGA, FCIArb.
  35. GEORGE CHEGE KIRUNDI, FCIArb.
  36. GEORGIADIS MAKADIA KHASEKE, MCIArb.
  37. GICHINGA NDIRANGU, FCIArb.
  38. GODFREY IMENDE, FCIArb.
  39. GORDON ODUOR, MCIArb.
  40. GYAVIRA AMANYA NAMULANDA, FCIArb.
  41. HARIT A. SHETH, FCIArb.
  42. HARUN G. NYAKUNDI, FCIArb.
  43. HON JUSTICE (RTD) DAVID MARAGA KENANI, FCIArb.
  44. ARCH. SILVIA MUENI KASANGA, FCIArb.
  45. JUSTICE (RTD) JOHN WYCLIFFE MWERA, FCIArb.
  46. JUSTICE (RTD) NICHOLAS RANDO O. OMBIJA, MCIArb.
  47. IBRAHIM KITOO, MCIArb
  48. ISAAC M. GITURA, MCIArb
  49. JAMES MANG’ERERE, MCIArb.
  50. PHILIP MURGOR, SC, MCIArb.
  51. JAMES NGOTHO KARIUKI, FCIArb.
  52. JAMES TUGEE, FCIArb.
  53. JANE S. MWANGI, MCIArb.
  54. JOB WELOBA, MCIArb.
  55. JOHN MULIKA MBALUTO, FCIArb.
  56. JOMO NYARIBO, FCIArb.
  57. JOSEPH MUTAVA, FCIArb.
  58. JUSTUS M. MUNYITHYA, FCIArb.
  59. KANANU MUTEA, MCIArb.
  60. KELVIN T. MOGENI, MCIArb.
  61. KETHI D. KILONZO, FCIArb.
  62. KHAIRAN ABDUL ALIM NOOR, MCIArb.
  63. LAURA LUSIJI, FCIArb.
  64. LEYLA AHMED, FCIArb.
  65. MARTIN MUNYU, FCIArb.
  66. MERCY MWANGI, FCIArb.
  67. MERY OKIRO, MCIArb.
  68. MOHAMMED S. BALALA, MCIArb.
  69. NIKHIL DESAI, FCIArb.
  70. NJERI ONYANGO, FCIArb.
  71. NOREEN KINDUHUHU, MCIArb.
  72. O. P. NAGPAL, FCIArb.
  73. PATRCIK MWITI, MCIArb.
  74. PATTERSON MUNENE KAMAARA, FCIArb.
  75. PAUL KAREKEZI, FCIArb.
  76. PETER GACHUHI, FCIarb.
  77. PETER KAKAI CHELOTI, MCIArb.
  78. PETER M. NJERU, MCIArb.
  79. PETER MUREITHI, FCIArb.
  80. PHILEMON MORARA APIEMI, FCIArb.
  81. PROTAS SAENDE, FCIArb.
  82. QS ISABELLA NJERI WACHIRA-TOWEY, FCIArb.
  83. QS KIMANI MATHU, QS, FCIArb.
  84. QS NYAGAH BOORE KITHINJI, QS, FCIArb.
  85. QS PATRICK S. KISIA, FCIArb.
  86. QS TOM O. OKETCH, FCIArb.
  87. RICHARD KARIUKI, FCIArb.
  88. SAMANTHA MASENGELI, MCArb.
  89. SANJEEV KHAGRAM, FCIArb.
  90. SEAN OMONDI, FCIArb.
  91. STEPHEN BIKO ADERA, MCIArb.
  92. STEVEN OUNDO, FCIArb.
  93. TIMOTHY KAMAU NJENGA, FCIArb.
  94. VAIZMAN AHARONI, FCIArb.
  95. WAMBUA KILONZO, MCIArb.
  96. WAMBUI GITHU-MUIGAI, FCIArb.
  97. WANJIKU KARANJA, MCIArb.
  98. WAWERU GATONYE, MCIArb.
  99. WILLIAM C. GITHARA, FCIArb.
  100. WILSON K. KALYA, MCIArb.

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Whether to Regulate or Not to Regulate ADR in Kenya

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By Dr. Kariuki Muigua, PhD (Leading Environmental Law Scholar, Sustainable Development Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), The African Arbitrator of the Year 2022, Kenya’s ADR Practitioner of the Year 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023).

Regulation of ADR is a subject wrought with contentious discourse. There are those who strongly advocate for ADR to be deregulated, while others argue for strong state regulation. On one end, the regulation of ADR carries with it the advantages of encouraging its adoption nationally; establishing standards of ADR practitioner’s competence; developing systems of compliance and complaints; addressing weaknesses of ADR such as ensuring the fairness of the procedure and building capacity and coherence of the ADR field.

Proponents of regulation have argued that regulation of ADR will increase the use and demand of services and create or enhance an ADR “market”. There are those who believe that the regulation of ADR may have its value in assuring that the parties employ qualified, neutral and skilled mediators and arbitrators in resolving a wide variety of disputes. However, this is countered by the argument that in mediation where the parties select private non-government mediators, monitoring is complimented by the fact that the parties share in the compensation of such neutrals, better assuring their freedom from bias. This assertion may be relevant to Kenya considering that private mediators are also appointed and compensated the same way. It is therefore possible to argue that the mediator may be compelled by this fact to act fairly.

Contention would, however, arise where there are allegations of corruption. It is not clear, at least in Kenya, how the parties would deal with the same. This is because, unlike in arbitration where parties may seek court’s intervention in setting aside the otherwise binding arbitral award, mediation outcome is non-binding and wholly relies on the goodwill of the parties to respect the same. Therefore, faced with the risk of corruption and the potential non-acceptance of the outcome by the parties, it is arguable that the foregoing argument of the compensation being a sufficient incentive may not be satisfactory. This may, arguably, call for better mechanisms of safeguarding the parties’ interests. In arbitration, the argument advanced is that whether of interests or rights disputes, the same process of joint selection and joint funding coupled with mutual selection of neutral from a tried and experienced cadre of professional arbitrators further assures their independence and neutrality, with protection of their integrity as their only ticket to future designations.

Again, the issue of independent practitioners would arise. For instance, in Kenya, there has been increased number of professionals taking up ADR. Professional bodies and higher institutions of learning have increased their rate of teaching ADR, as professional course and academic course respectively. The net effect of this will be increased number of ADR practitioners in the country. As part of professional development, not all of those who get the academic qualifications may enroll with the local institutions for certification as practitioners. There are also those who may obtain foreign qualifications and later seek such certification. However, there are those who are not affiliated to any institution or body. In such instances, it would only be hoped that they would conduct themselves in a professional manner, bearing in mind that any misconduct or unfair conduct may lead to setting aside of the award or even removal as an arbitrator by the High Court.

The court process obviously comes with extra costs and it would probably have been more effective to have a supervisory body or institution to report the unscrupulous practitioner for action, without necessarily involving the court. Such instances may thus justify the need for formal regulation, especially for the more formal mechanisms. Currently, there are attempts to make referral to ADR mandatory in Kenya. This is especially evidenced by the gazetted Mediation (Pilot Project) Rules, 2015, which provide that every civil action instituted in court after commencement of these Rules, must be subjected to mandatory screening by the Mediation Deputy Registrar and those found suitable and may be referred to mediation.

Thus, there is no choice as to whether one may submit the matters voluntarily or otherwise. While this may promote the use of mediation where the parties are generally satisfied with the outcome, the opposite may also be true. Caution ought to be exercised in balancing the need for facilitating expeditious access to justice through ADR and retaining the positive aspects of the processes. For instance, in other jurisdictions where there is provision for mandatory promotion of ADR processes, the use of those processes has not necessarily become common. Among the reasons given for this reluctance towards the adoption of ADR include lack of education and training in the field, lack of court-connected programs, whether voluntary or mandated and insufficient legislation.

The argument is thus made that when introducing ADR for the first time, there may be a need for some element of compulsion or legislative control, as this can support its growth. This is the path that the Kenyan Judiciary has taken. The Judiciary mediation programme is on a trial basis and the outcome will inform future framework or direction. The pilot program (having been rolled out to other stations outside Nairobi in May 2018) will define how the practitioners as well as the general public perceive court-annexed mediation and ADR in general. It is therefore important that the concerned drivers of this project use the opportunity to promote educational programming, with the efforts including workshops and seminars among the local practicing lawyers to enhance their understanding of ADR and the services provided by the pilot project. This, it is argued, may enable them to assist their clients in making informed decisions about whether or not to use ADR.

On the other end, it has been argued that legislative regulation, no matter how well meaning, inevitably limits and restrains. The regulation of ADR is feared to hamper its advantages. The developing country’s experience with court-annexed ADR indicates that when a judge imposes a conciliator or mediator on the parties, it does not provide the proper incentive for the parties to be candid about the case. ADR advantages such as low cost, procedural flexibility, enhanced access for marginalized groups and a predictable forum for conflict management tend to disappear when there is discretionary power with court personnel, procedural formalities within the ADR process or an artificial limit to competition within the ADR market.

Court mandated mediation has been argued to negate the fundamental aspects of voluntariness and party control that distinguish it from litigation, the very aspects attributed to its success in a vast number of cases. In addition, the “one size fits all” approach taken by legislation that encourages or requires all to use ADR, without regard to needs in various contexts and to the distinctions among the various processes, is another reason why ADR legislation should be undertaken with caution. For instance, in the Kenyan situation, while the Mediation (Pilot Project) Rules, 2015 require screening of civil matters for possible submission for mediation, it is possible for the Registrar to realise that some of the cases may be appropriate for arbitration instead of mediation. The programme only takes care of mediation process with no reference to arbitration or any other process, well, apart from litigation.

The question that would, therefore, arise is whether the Registrar has powers to force parties into arbitration as well. Further, if they have such powers, the next question would be who would pay for the process, bearing in mind that it is potentially cost-effective but may be expensive as well. On the other hand, if the Registrar lacks such powers, it is also a question worth addressing what the Court would do if it ordered the parties to resort to arbitration but both parties fail to do so due to such factors as costs. It is, therefore, worth considering whether the Mediation Accreditation Committee, established under the Civil Procedure Act, should have its mandate expanded to deal with all processes, or whether there should be set up another body to deal with the other processes.

*This is an extract from published article Regulating Alternative Dispute Resolution (ADR) Practice in Kenya: Looking into the Future,” by Dr. Kariuki Muigua, PhD, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of Permanent Court of Arbitration nominated by Republic of Kenya and Member of National Environment Tribunal (NET). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. 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 Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2023. Dr. Muigua is recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2022 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya.

References

Muigua, K., “Regulating Alternative Dispute Resolution (ADR) Practice in Kenya: Looking into the Future,” Available at: http://kmco.co.ke/wp-content/uploads/2018/08/Regulating-ADR-Practice-in-Kenya-Kariuki-Muigua-June-2018.pdf (accessed 02 October 2022).

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Top Commercial Lawyer, Arbitrator, Mediator and Adjudicator: Jacqueline Waihenya

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Chartered Arbitrator and Mediator Jacqueline Waihenya, Chairperson of the Chartered Institute of Arbitrators (Kenya)

Jacqueline Waihenya is a Senior Advocate of the High Court of Kenya of 25 Years standing, a Chartered Arbitrators of the Chartered Institute of Arbitrators (CIARB), Chartered Mediator of the Institute of Chartered Mediators & Conciliators (CM-ICMC) and Patent Agent registered by Kenya Intellectual Property Institute (KIPI). She is one of the only 4 Lady Chartered Arbitrators in Kenya but also one of the pioneer Mediators accredited by the Kenya Judiciary. Jacqueline is the Founder and Managing Partner of JWM LAW LLP, a Mombasa-based leading Commercial and Corporate Law and Dispute Resolution Boutique Law Firms. Before starting her firm, she practiced law at leading law firms in the country including Dentons Hamilton, Harrison & Mathews (HHM) and as inhouse lawyer at a top transport and logistics company in Kenya. She was listed as Leader in Law in International Arbitration in 2021, Africa’s Influential Female Lawyers in 2022 and Hall of Fame Commercial Lawyer in Kenya by THE LAWYER AFRICA in 2023.

Jacqueline is a highly-regarded Professional Leader who has been chosen by her peers as their representative in numerous cases. Presently, she sits at the helm of law, arbitration, mediation, corporate secretarial and trade industries in diverse capacities. She is the incumbent Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). Previously, Jacqueline served the CIARB (Kenya Branch) as Branch Treasurer and Vice Chairperson among others. She is the Vice Chairman of the Kenya National Chamber of Commerce & Industry (Mombasa Chapter) and the Vice Chairperson of the Mombasa Law Society (MLS). She sits on the Continuing Professional Development Committee of the Law Society of Kenya (LSK) and is also the founder and convener of the Alternative Dispute Resolution Committee as well as the Admiralty and Maritime Committee of Mombasa Law Society (MLS).

In arbitration, besides being a Chartered Arbitrator (C.Arb), Jacqueline is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a CIARB Accredited Tutor and a holder of Post-graduate Diploma in International Arbitration. Further, she holds an Advanced Certificate in Construction Adjudication from CIARB and is an International Federation of Consulting Engineers (FIDIC) Legal Professional trained at Kings College London and is a member of the Dispute Resolution Board Foundation (DBRF). She chaired the Taskforce on the Transition of CIARB (Kenya Branch) from a Society to a Company Limited by Guarantee and was one of the original 3 subscribers who oversaw the incorporation and operationalization of CIARB Kenya Limited transforming the Kenya Branch into one of the international corporate branches of CIARB (UK).

Jacqueline is one of the Top 10 Mediators in Kenya and holds distinguished qualifications in Mediation including being a Certified Mediator by International Mediation Institute (IMI), Chartered Mediator by Institute of Chartered Mediators and Conciliators (ICMC), FIFA Approved Mediator and Accredited Mediator of the Judiciary of Kenya. She holds Certified Advanced Mediator qualifications in Sports Mediation, Tax Mediation, Commercial Mediation and Family & Divorce Mediation from the Mediation Training Institute International (East Africa). She has keen focus in commercial mediation and has resolved numerous complex disputes in public finance, capital markets, private equity, real estate, marine and logistics and joint venture between local and foreign parties whose combined subject matter estimated value is over USD. 100 Million.

Jacqueline is a well-respected Corporate Governance Practitioner as a Fellow of the Institute of Certified Secretaries of Kenya (ICS), Certified Public Secretary, Accredited Governance Auditor, a Legal and Compliance Auditor trained by the Kenya School of Law and Governance Trainer. In March 2017, she attended the 20th Corporate Governance Training in Johannesburg, South Africa on the eve of the coming into effect of the King VI® Report undertaken in conjunction with the Institute of Directors South Africa (IoDSA) and Prof. Mervyn King and other leading governance experts. She is the Vice Chairman of the Governing Council of Institute of Certified Secretaries (ICS) where she previously chaired the Membership Committee as well as the Research & Publications Committee of the Institute.

As the National level, Jacqueline was recently appointed by the Chief Justice to the National Council on the Administration of Justice (NCAJ) Standing Committee on Civil Justice Reforms. In 2020, she resented CIARB (Kenya) as a member of the National Steering Committee National Steering Committee for the Formulation of the Alternative Dispute Resolution Policy. She served at the Committee as the convener of the NSC Sub-Committee on Legislative Proposals which was instrumental in preparing the draft proposed Amendments to the Arbitration Act as well as proposals for a Construction Adjudication Bill and a Dispute Resolution Bill attached to the Report presented to the Attorney General in 2021 and which was approved by Cabinet in March 2023. She also served on the Taskforce to the Review of the Certified Public Secretary Act which presented its report in November 2021. She served as the inaugural Kenya Country Chair in District 9212.

Jacqueline is also a respected intellectual and academic in areas of law, ADR, corporate governance and finance. She holds an LLM in Public Finance & Financial Services Law from the University of Nairobi and is currently pursuing an LLM in International Dispute Resolution at Queen Mary University of London and a Doctorate of Laws (PHD) at the University of Nairobi. She is also a prolific researcher who has authored over a dozen peer-reviewed journal articles in the areas of law, arbitration, mediation, corporate governance and ADR. She is currently an Adjunct Lecturer at Kenya School of Law, an Associate Editor of the ADR Journal and the Editor-in-Chief of the Mombasa Law Society Journal. She oversaw the publication of the ICS’s Governance Journal 2022 and the launch of the Governance Ethics Research and Compliance Manual and training. She is a frequent panelist and keynote speaker on law, ADR and governance at high level events in Kenya and around Africa.

 

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