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Dr Kariuki Muigua Ranked by Chambers as Top Arbitrator for 5th Year

Chambers Global celebrates Dr. Muigua as being “at the forefront of arbitration,” “having an astute understanding of arbitration” and as “respected for litigation that touches on commercial, constitutional and environmental law.”



Dr. Kariuki Muigua, PhD, C.Arb, FCIArb, CIArb (K) Lifetime Award 2021/22, ADR Practitioner of the Year 2021/22 and ADR Publisher of the Year 2021/22

Dr. Kariuki Muigua, PhD, the Managing Partner of Kenya’s Leading Dispute Resolution Boutique Law Firm  Kariuki Muigua & Co. Advocates, is ranked one of the Top Dispute Resolution Experts and Arbitrators in Kenya in 2022 by the Chambers Global Guide, the premier legal rankings directory in the World for the fifth year in a row. This comes just days after Dr. Muigua was confirmed Kenya’s ADR Practitioner of the Year and CIArb (Kenya) ADR Lifetime Award Winner in December last year.

The ranking confirms Dr. Kariuki Muigua’s as an enduring member of the team of elite Arbitrators and Dispute Resolution Specialists in the Kenya. Chambers Global celebrates Dr. Muigua as being “at the forefront of arbitration,” “having an astute understanding of arbitration” and as “respected for litigation that touches on commercial, constitutional and environmental law.” Dr. Muigua is also feted for being a leading author who “has written a number of books on arbitration referred to by courts and judges” and noted for his active role in arbitration where he is the current Africa’s Trustee to Chartered Institute of Arbitrators.

Last year, Dr. Kariuki Muigua was also the winner of the ADR Publisher of the Year in Kenya for his pivotal role in advancing publishing and research on Alternative Dispute Resolution in Kenya as the Editor-in-Chief of the Official Journal of the Chartered Institute of Arbitrators (Kenya Branch), the Alternative Dispute Resolution Journal. Dr. Muigua is also the Founder and Editor of the Journal of Conflict Management and Sustainable Development (JCMSD), one of Africa’s most consistent and authoritative peer-reviewed journal publishing scholarship at the intersection of dispute resolution, environmental law and sustainable development.

Chambers Global Guide has in the past acknowledged Dr. Kariuki Muigua as ‘a highly respected arbitrator and mediator,” and recognized him for having “a sterling background in commercial and constitutional cases, as well as matters relating to the environment and natural resources … and those relating to the extractive industries.” Dr. Muigua is a Chartered Arbitrator, Accredited Mediator and Fellow of Chartered Institute of Arbitrators (CIArb).

Dr. Muigua has also distinguished himself in ADR Scholarship having researched his PhD Thesis in Environmental Law and Alternative Dispute Resolution. He is a Senior Lecturer of Law at the University of Nairobi where he teaches, among others, International Arbitration to the LLM Class. He is widely published in the areas of ADR and access to justice, environment and natural resources and is the author of over hundred articles and papers and eight (8) published books. Dr. Muigua’s leading books on ADR include: Resolving Conflicts through Mediation in Kenya (2013) and Settling Disputes through Arbitration in Kenya, 3rd Edition (2017) which he has made available free for download as part of Social Responsibility and mentorship to upcoming Arbitrators and the 4th Edition of the book is coming out in February 2022. His latest book, Fostering Environmental Democracy and Biodiversity Conservation, was released recently.

Besides serving as the CIArb Trustee for Africa since 2019 to date, Dr. Muigua previously served as the Chartered Institute of Arbitrators (Kenya Branch) Chairperson from 2012 to 2015. He has served member of the National Steering Committee for formulation of the ADR Policy appointed by the Attorney General of Kenya on 27th January 2020.He is a Member of the Nairobi Centre for International Arbitration (NCIA) Panels of Domestic Mediators, Domestic Arbitrators and International Arbitrators and Kigali International Arbitration Centre (KIAC) International Panel of Arbitrators. He has presided over dozens of domestic and international commercial arbitrations appointed by the Chartered Institute of Arbitrators (CIArb)- Kenya, the Law Society of Kenya (LSK) and the Nairobi Centre for International Arbitration (NCIA) as a sole arbitrator and a member of arbitral tribunals.

Dr. Muigua is an Advocate of the High Court of Kenya of over 30 years standing at Kariuki Muigua & Co. Advocates, is a leading commercial law firm in Kenya that specializes in environmental law and natural resources research and practice, ADR, constitutional law and commercial law litigation. He is also a sought-after keynote speaker and trainer in Arbitration and Mediation and recently presented a paper at the International Mediation Institute (IMI) and Singapore International Mediation Institute (SIMI) Convention on Singapore Convention on Mediation and state of Mediation in Kenya.

The ADR Trophies and Accolades collection of Dr. Kariuki Muigua, PhD keeps growing.

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The Roles of the Three Parts of the Permanent Court of Arbitration




H.E. Amb. Marcin Czepelak, the Fourteenth Secretary-General of the Permanent Court of Arbitration (PCA)

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Brief History of the Permanent Court of Arbitration (PCA)




By Dr. Kariuki Muigua, PhD, C.Arb, Current Member of Permanent Court of Arbitration (PCA) Representing the Republic of Kenya.

The Permanent Court of Arbitration (PCA) is a 124 Years Old Intergovernmental Organization currently with 122 contracting states. It was established at the turn of 20th Century during the first Hague Peace Conference held between 18th May and 29th July 1899. The conference was an initiative of then Russian Czar Nicholas II to discuss peace and disarmament and specifically with the object of “seeking the most effective means of ensuring to all peoples the benefits of a real and lasting peace, and, above all, of limiting the progressive development of existing armaments.” The culmination of the conference was the adoption of a Convention on the Pacific Settlement of International Disputes, which dealt not only with arbitration but also with other methods of pacific settlement, such as good offices and mediation.

The aim of the conference was to “strengthen systems of international dispute resolution” especially international arbitration which in the last century had proven effective for the purpose with number of successful international arbitrations being concluded among Nations. The Alabama arbitration of 1871-1872 between the United Kingdom (UK) and the United States (US) under the Treaty of Washington of 1871 culminating in the arbitral tribunal’s award that the UK pay the US compensation for breach of neutrality during American Civil War which it did had demonstrated the effectiveness of arbitration in settling of international disputes and piqued interest of many practitioners in it as a mode of dispute resolution during the latter years of the nineteenth century.

The Institut de Droit International adopted a code of procedure for arbitration in 1875 to answer the need for a general law of arbitration governing for countries and parties wishing to have recourse to international arbitration. The growth of arbitration as a mode of international dispute resolution formed the background of the 1899 conference and informed its most enduring achievement, namely, the establishment of the PCA as the first global mechanism for the settlement of disputes between states. Article 16 of the 1899 Convention recognized that “in questions of a legal nature, and especially in the interpretation or application of International Conventions” arbitration is the “most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to settle.”

In turn, the 1899 Convention provided for the creation of permanent machinery to enable the setting up of arbitral tribunals as necessary and to facilitate their work under the auspices of the institution it named as the Permanent Court of Arbitration (PCA). In particular, Article 20 of the 1899 Convention stated that “[w]ith the object of facilitating an immediate recourse to arbitration for international differences which it has not been possible to settle by diplomacy, the signatory Powers undertake to organize a Permanent Court of Arbitration, accessible at all times and operating, unless otherwise stipulated by the parties, in accordance with the rules of procedure inserted in the present Convention.” In effect, the Convention set up a permanent system of international arbitration and institutionalized the law and practice of arbitration in a definite and acceptable way.

As a result, the Permanent Court of Arbitration (PCA) was established in 1900 and began operating in 1902. The PCA as established consisted of a panel of jurists designated by each country acceding to the Convention with each country being entitled to designate up to four from among whom the members of each arbitral tribunal might be chosen. In addition, the Convention created a permanent Bureau, located in The Hague, with functions similar to those of a court registry or secretariat. The 1899 Convention also laid down a set of rules of procedure to govern the conduct of arbitrations under the PCA framework.

The second Hague Peace Conference in 1907 saw a revision of the 1899 Convention and improvement of the rules governing arbitral proceedings. Today, the PCA has developed into a modern, multi-faceted arbitral institution perfectly situated to meet the evolving dispute resolution needs of the international community. The Permanent Court of Arbitration has also diversified its service offering alongside those contemplated by the Conventions. For instance, today the International Bureau of the Permanent Court of Arbitration serves as a registry in important international arbitrations. In 1993, the Permanent Court of Arbitration adopted new “Optional Rules for Arbitrating Disputes between Two Parties of Which Only One Is a State” and, in 2001, “Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment”.


PCA Website: (accessed on 25th May 2023).

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Former KCB Company Secretary Sues Over Unlawful Dismissal




Former KCB Group Company Secretary Joseph Kamau Kania who has sued the Bank for Unlawful Dismissal

Former KCB Group Company Secretary Joseph Kamau Kania has sued the lender seeking reinstatement or be compensated for illegal sacking almost three years ago. Lawyer Kania was the KCB Group company secretary until restructuring of the lender in 2021 that saw some senior executives dropped.

Through the firm of Senior Counsel Wilfred Nderitu, Kamau wants the court to order KCB Group to unconditionally reinstate him to employment without altering any of the contractual terms until his retirement in December 2025.

In his court documents filed before Employment and Labour Relations Court, the career law banker seeks the court to declare the reorganization of the company structure a nullity and amounted to a violation of his fundamental right to fair labour practices as guaranteed in Article 41(1) of the Constitution. He further wants the court to declare that the position of Group Company Secretary did not at any time cease to exist within the KCB Group structure.

He further urged the Employment Court to declare that the recruitment and appointment of Bonnie Okumu, his former assistant, as the Group Company Secretary, in relation to the contemporaneous termination of his employment, was unprocedural, insufficient and inappropriate to infer a lawful termination of his employment.

“A declaration that the factual and legal circumstances of the Petitioner’s termination of employment were insufficient and inappropriate to infer a redundancy against him, and that any redundancy declared by the KCB Group in relation to him was therefore null, void and of no legal effect and amounted to a violation of his fundamental right to fair labour practices as guaranteed in Article 41(1) of the Constitution,” seeks lawyer Kamau.

Kamau says he was subjected to discriminatory practices by the KCB Bank Group in violation of his fundamental right to equality and freedom from discrimination as guaranteed in Article 27 of the Constitution and the termination of his employment was unfair, unjustified, illegal, null and void.

Lawyer Kamau further seeks the court to declare that the Non-Compete Clause in the 2016 Contract is unenforceable by the KCB Group as against him and is voidable by him as against the Bank ab initio, byreason of the termination of the Petitioner’s employment having been a violation of Articles 41(1) and 47(1) and (2) of the Constitution, and of the Employment Act.

He also wants the Employment Court to find that finding that KCB’s group legal representation by Messrs of Mohammed Muigai LLP Advocates law firm in respect of his claim for unlawful termination of employment resulted in a clear conflict of interest by reason of the fact that a Founding and Senior Partner at the said firm lawyer Mohammed Nyaoga is also the Chairman of the CBK’s Board of Directors.

“A Declaration that the circumstances of KCB’s legal representation by Messrs. Mohammed Muigai LLP Advocates resulted in a violation of the Petitioner’s fundamental right to have the employment dispute decided independently and impartially, as guaranteed in Article 50(1) of the Constitution,” seeks lawyer Kamau.

Kamau is seeking damages against both KCB Group and Central Bank of Kenya jointly and severally for the violation of his constitutional and fundamental right to fair labour practices.

He wants  further wants court to declare that CBK is liable to petitioner on account of its breach of statutory duty to effectively regulate KCB Group to ensure that KCB complied with the Central Bank of Kenya Prudential Guidelines and all other Laws, Rules, Codes and Standards, and that, as an issuer of securities, it complied with capital markets legislation.

Kamau through his lawyer Nderitu told the court that he was involved in Shareholder engagement in introducing the Group aide-mémoire that significantly improved the management of the Annual General Meetings, including obtaining approval without voting through the Memorandum and Articles of Association of Kenya Commercial Bank Limited among others.

He said that during his employment at KCB Bank Kenya and with the KCB Group, he initially worked well with former KCB CEO Joseph Oigara until 2016 when the CEO allegedly started sidelining him by removing the legal function from his reporting line.

He further claims he was transferred from the Group’s offices at Kencom House to its offices Upper Hill under the guise that the Petitioner was merely to support the KCB Group Board.

He adds that at that point his roles were given to Okumu for reasons that were not related to work demands.  He stated that Oigara at one time proposed that he should leave his role in the KCB Group and go and serve as the Company Secretary of the National Bank of Kenya Limited, a subsidiary of the Group, a suggestion which he disagreed with to Oigara’s utter annoyance.

Kamau stated that his work was thenceforth unfairly discredited, leading to his being taken through a disciplinary process whose intended outcome failed miserably, and the Petitioner was vindicated.

“More specifically, the Petitioner contends that the purported creation of a new organizational structure towards the end of 2020 was in fact Oigara’s orchestration targeted to remove certain individuals by requiring them to undergo interviews in the pretext that new roles were created, and amounted to a further violation of the Petitioner’s fundamental right to fair labour practices under Article 41(1) of the Constitution,” said in his court documents.

He further adds that this sham reorganization demonstrates how the role of the KCB Group Company Secretary purportedly ceased to be and was then very briefly replaced with a new role of the KCB Group General Counsel. The role of KCB Group Company Secretary then ‘resurfaced’ immediately thereafter, in total violation of legal and regulatory requirements.

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