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Book Review: Settling Disputes Through Arbitration in Kenya, 4th Edition



In March 2022, Dr. Kariuki Muigua, PhD released the 4th Edition of the book that has become the most authoritative reference book on arbitration in Kenya: Settling Disputes Through Arbitration in Kenya. The release of the 4th Edition of this foremost arbitration textbook and practitioners guide in Kenya and the larger East Africa region is a continuation of what is proving to be a seminal year for Dr. Kariuki Muigua. It comes just after Dr. Muigua was ranked in Band 1 among the Top 5 Arbitrators in Kenya by Chambers and Partners in 2022. It also follows after Dr. Kariuki Muigua was awarded the prestigious Chartered Institute of Arbitrators (Kenya) Inaugural ADR Lifetime Achievement Award 2021. Dr. Kariuki Muigua was also the Law Society of Kenya (Nairobi Branch) ADR Practitioner of the Year Award and ADR Publisher of the Year Award Winner 2021.

In terms of context, “Settling Disputes Through Arbitration in Kenya,” was first published after the Constitution of Kenya 2010 entrenched and widened the application of ADR and arbitration by requiring the incorporation of ADR mechanisms, including negotiation, mediation and arbitration in the settlement of disputes of disputes, it became necessary to encourage students and professionals to acquire skills and expertise in ADR. Dr. Kariuki Muigua, at the time of the 1st Edition, the Chairperson of the Chartered Institute of Arbitrators (Kenya) at the time, took up the challenge to write the book that takes readers through the process of arbitration in a simplified, yet comprehensive manner, along with highlights of the latest key amendments and case law on arbitration in Kenya. It is remarkable to note that the 4th Edition is a 407 Pages book from 247 Pages, marking 160 Page expansion.

Dr. Kariuki Muigua has offered this 4th Edition of his book for free download in his law firm Kariuki Muigua & Co. Advocates website here for limited duration in a quest to realize the key objective of its publication, promoting knowledge on key aspects of arbitration. Dr. Muigua noted in the Author’s Note to the current edition: “I recommend this book to ADR students, teachers and tutors of ADR, ADR practitioners and to the general public interested in acquiring knowledge on the various ADR mechanisms in Kenya and their role in resolving or settling disputes occurring in everyday life…. In addition, this book has a place as a core textbook for the popular Entry Course in Arbitration, offered by Chartered Institute of Arbitrators-Kenya around East Africa and for postgraduate students of international commercial arbitration, to whom it will offer basic foundational knowledge.”

Chapter One – Introduction to Arbitration

This chapter introduces arbitration as one of the mechanisms that are commonly referred to as Alternative Dispute Resolution mechanisms (ADR) as set out in Article 33 of the Charter of the United Nations. The Chapter also explores attributes of arbitration which make it ideal mode of dispute resolution and the different types of arbitration which include: ad hoc, institutional, statutory, look-sniff, flip-flop, documents–only, domestic and international and how to determine which type of arbitration is appropriate or relevant for the given case. Arbitration in Kenya Kenyan context is also explored as recognized under the Constitution under Article 159 and entrenched under the Arbitration Act 1995, the Arbitration Rules, Civil Procedure Act and the Civil Procedure Rules 2010. The Chapter also juxtaposes arbitration and other modes of dispute resolution to unearth the occasions when it is the most fitting mode of dispute resolution.

Chapter Two – Arbitration Agreement

The second chapter discusses the arbitration agreement as the basis of arbitration. The chapter makes an introduction to arbitration agreements and clauses and critically examines their salient features. The Chapter includes a general overview of arbitration agreement, arbitration clauses, contractual requirements in arbitration agreements, formal requirements of an arbitration agreement and gives guidance on drafting effective arbitration agreements to avoid ambiguity and non-recognition or non-enforcement of the arbitration clause.

Chapter Three – Stay of Legal Proceedings for Arbitration

This chapter deals with instances where Stay of Legal Proceedings for Arbitration occurs and how to deal with it both as a party and as counsel or party representative and how to avoid recourse to it in drafting arbitration clause. The Chapter discusses grounds for stay of proceedings for arbitration addresses issues and procedure for application of stay of proceedings.

Chapter Four – Commencing an Arbitration and the Appointment of an Arbitral Tribunal

The fourth chapter addresses commencing an arbitration and the appointment of an Arbitral Tribunal from communication of a notice of arbitration up to commencement of arbitration. The various modes of appointing arbitrators and the relevant legal provisions are discussed as well as the factors to be considered in choosing an arbitrator and issues incidental to the appointment of arbitrators such as challenge of arbitral tribunal, immunity of arbitrators, withdrawal of arbitrators, termination of arbitrators and the aftermath of challenge and termination of arbitrators.

Chapter Five – Jurisdiction and powers of an arbitrator

This chapter discusses issues touching on the “jurisdiction and powers of an arbitrator” under the laws of Kenya. It defines the jurisdiction of the arbitrator, discusses types of jurisdiction, jurisdiction of the courts in arbitration, Prerequisites of Jurisdiction of an Arbitrator, Sources of Jurisdiction and Powers generally and under Arbitration Act, 1995, and limitations on the jurisdiction and powers of the Arbitrator.

Chapter Six – Modes of opposing and challenging arbitration reference

It deals with “Modes of opposing and challenging arbitration reference” including issues relevant and related to opposing arbitration references. In particular, Dr. Muigua discusses at length issues relating to challenging the appointment of the arbitral tribunal and the jurisdiction of the arbitral tribunal, the teething issues that may come about before and after commencement of the arbitration process. The chapter also explores the objections that may be raised including allegation as to lack of binding arbitration agreement between parties, objection on whether the dispute is within the scope of the arbitration agreement, objection that the reference is time-barred, challenges to the appointment of arbitrators and challenges to the jurisdiction of the arbitral tribunal. As it is, the arbitral tribunal has two options open to it when the question of jurisdiction is raised by a party. It may rule on the matter as a preliminary question or wait to address it in an arbitral award on the merits. The ruling of the arbitral tribunal in the former instance may be challenged by the aggrieved party by way of an application to the High Court.

Chapter Seven – Preparation for arbitration proceedings

The seventh chapter tackles issues that relate to “preparation for arbitration proceedings.” The chapter discusses what the arbitrator does upon appointment, in preparation for commencement of the arbitral proceedings, namely, convening a preliminary meeting and issuing directions pursuant to the meeting. Issues relating to pleadings in arbitration are also explored including the various types of pleadings used in arbitration and the relevant legal provisions touching on them. The chapter also deals with pre-hearing procedures that are related to pleadings in that they are used to enhance documentation in arbitration. Here, issues relating to seeking further (and better) particulars, discovery (disclosure and inspection) and amendment of pleadings are examined. Finally, interlocutory proceedings in arbitration and the steps taken under Section 7 and Section 18 of the Act and application for security of costs are examined as they constitute steps that are taken mainly to compliment or augment the arbitral process.

Chapter Eight – Arbitration Hearing

This chapter describes generally what takes place in an arbitration hearing. In particular, the chapter entails a description of the procedure that is usually followed from the opening to the closing of the arbitration proceedings to give a picture of what transpires in arbitration hearing. The Chapter also discusses the key aspects of arbitration proceedings which contrast it with litigation and other methods of dispute management.

Chapter Nine – Arbitral Awards, Costs and Interest

Chapter Nine discusses what an arbitral award is, the statutory requirements concerning arbitral awards as well as the provisions of the Arbitration Act, 1995 on arbitration costs and interest. The chapter also outlines the law and the contemporary issues relating to arbitral awards and to costs and interest in arbitration relevant to the Kenyan scenario.

Chapter Ten – Role of the Court in Arbitration

Chapter Ten revisits the role of the court in arbitration in Kenya as stipulated under the Arbitration Act of 1995. The analysis centres on the provisions for court intervention before, during and after arbitration hearing in Kenya. In addition, Dr. Kariuki Muigua proposes necessary reforms as far as court intervention is concerned are proposed. The principle of court intervention in arbitration in Kenya as enunciated in the Arbitration Act, 1995 and the specific legal provisions in the Arbitration Act, 1995 which give the court power to intervene in arbitration are discussed in the context of the Kenyan case law and legal practice. A critical analysis of the role of the court in arbitration in Kenya is also done as part of the debate whether court intervention is a friend or a foe to the expeditious and fair determination of arbitral matters.

Chapter Eleven – Post Hearing Steps in Arbitration

This Chapter is on “Post-Hearing Steps in Arbitration” discusses the steps that take place after the conclusion of the arbitration hearing and the publishing of the arbitration award. The focus is on the applications that may be made to the court for the purpose of enforcing or setting aside or appealing against the arbitral award and applications for setting aside of the award (if any) as well as recognition and enforcement of arbitral awards. The chapter also discusses cases where a party may also apply to a court to determine a question of law arising in the cause of the arbitration and appeal against arbitral award.

Chapter Twelve – Arbitration Practice in Kenya

Chapter Twelve explores the practice of arbitration in Kenya and discusses the contemporary issues surrounding professional arbitration practice in the country, what it takes for one to qualify as an arbitrator in Kenya, the nature of arbitration as a profession and the future of arbitration in Kenya and around the world. This is the perfect primer for anyone seeking a career as an arbitration practitioner in Kenya and East Africa in general.

Chapter Thirteen – Promoting International Commercial Arbitration

This is one of the most outstanding out additions in this fourth Edition of the Book is Chapter 13 of the book which deals with promoting International Commercial Arbitration. In this chapter, Dr. Kariuki Muigua, PhD offers a critical examination of the extent to which international commercial arbitration has taken root in Kenya. In particular, the discourse looks at the legal framework governing arbitration and identifies the challenges therein, hindering the prosperity of international commercial arbitration in Kenya. The challenges and opportunities in the practice of international commercial arbitration in Kenya are explored in view of the need to nurture the same in the context of Kenya. The author identifies the main problems facing international commercial arbitration in Kenya and proposes certain measures that would make it flourish in Kenya.

Chapter Fourteen – Trade and International Treaty Arbitration

Further, Dr. Muigua has added a Chapter in the 4th Edition on Trade and Investments Treaty Arbitration. The chapter offers a critical discussion of trade and investments arbitration in the context of Africa. It also looks at the growth trends, challenges and prospects of investor state arbitration in the context of Africa. Notably, Africa has been lagging behind the rest of the world as far as trade and investments arbitration is concerned even as most developing world countries have been pushing for reforms in the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) system. The Chapter explores dispute resolution under African Continental Free Trade Area Agreement (“the AfCFTA”) and the various regional trade arrangements including COMESA, ECOWAS, EAC and SADC as alternatives to ICSID and other international commercial arbitration forums.

Chapter Fifteen – Contemporary Issues in Dispute Settlement

This chapter critically discusses the emerging issues and the trends in arbitration practice, across all the thematic areas of arbitration. The Constitution of Kenya enshrines the fundamental right of access to justice and mandates the state to ensure access to justice for all persons. Notably, the issues highlighted are neither limited to domestic arbitration nor international arbitration but also touch on other modes of access to justice. With the ever growing globalisation and international trade and investments, territorial boundaries have increasingly become irrelevant as far as businesses are concerned. However, it is noted that with the ever present commercial disputes, international arbitration has continued to play a critical role in their management.

Chapter Sixteen – Conclusion and Way Forward

Finally, Dr. Kariuki Muigua has added a conclusion and way forward chapter of the book. It notes that the book offers critical discussions around the current law and practice of both domestic and international arbitration in Kenya as well as investment treaty arbitration within the context of the African continent. The book heavily relies on current case law in Kenya in order to appreciate the current trends in the country as far as the relationship between domestic courts and practice of arbitration is concerned. It appeals to policy makers, arbitration practitioners and students who wish to pursue the dispute resolution sector more effectively and professionally to work towards achieving the recommendations in this book, both at personal levels and sectoral level.

News & Analysis

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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Court of Appeal Upholds Eviction of Radcliffes from Karen Land




Adrian Radcliffe, the Expatriate Squatter, Evicted from Karen Property by Innocent Purchaser for Value

The Court of Appeal has stayed the decision of the Environment and Land Court purporting to reinstate Adrian Radcliffe into possession of the 5.7 Acre Karen Land by Kena Properties Ltd after eviction by the lawful owners in February 2022. Adrian Radcliffe who was evicted by Kena Properties Ltd, the innocent purchaser of the Land for value.

Before his eviction, Mr. Radcliffe had been living on the land as a squatter expatriate for 33 years without paying any rent. Since he moved into the property as a tenant, he only paid deposit for the land in August 1989 despite corresponding severally with the owner of the land. His attempt to acquire the land by adverse possession claim filed in 2005 was dismissed by Court in 2011 on the basis that he has engaged with the owner of the land July 1997 and agreed to buy the land which he failed to do. The High Court [Justice Kalpana Rawal as she then was] concluded that:

“His [Mr. Adrian Radcliffe] averments that he did not have any idea of the whereabouts of the Defendant and that he could possibly be not alive, were not only very sad but mala fide in view of the correspondence on record addressed by him to the Defendant’s wife. I would thus find that the averments made by him to the contrary are untrue looking to the facts of this case.”

On 10th March 2022, Mr. Adrian Radcliffe and Family purported to obtain court orders for reinstatement into the land. However, the Court of Appeal issued an interim stay of execution of the said orders. The Court of Appeal has now granted the application of Kena Properties Ltd and stayed the execution of the Environment and Land Court Order pending the hearing and determination of the Appeal.

The Court also stayed the proceedings at the Environment and Land Court on the matter during the pendency of the Appeal. In effect, the eviction orders issued by the Chief Magistrate Court for eviction of Mr. Adrian Radcliffe in favour of Kena Properties as the purchaser of the property for value were upheld and the company now enjoys unfettered ownership and possession of the suit property until the conclusion of the Appeal.

The Court of Appeal in granting the orders sought by Kena Properties Ltd concurred with Kena Properties Ltd that as the property owner it had an arguable appeal with a high probability of success which would be rendered nugatory if Adrian Radcliffe a trespasser was to resume his unlawful possession of the suit property, erect structures thereon, recklessly use or abuse the said suit property as he deems fit. In any case, that is bound to fundamentally alter the state of the suit property and render it unusable by Kena Properties Ltd as the property owner.

At the same time, the Appellate Court rubbished the argument of Adrian Radcliffe in opposition to the application for stay that he has been in occupation of the suit property for more than 30 years and that he and his family were unlawfully evicted from the suit property on 4th February, 2022. The Court also rejected Radcliffe’s claim that Kena Properties Ltd has no valid title to the suit property and held that as the purchaser, the company was entitled to enjoy ownership and possession of their property during the pendency of the appeal.

The Court dismissed claims of Mr. Adrian Radcliffe that Kena Properties Ltd as the property owner acquired title to the suit property illegally and unprocedurally finding to the contrary. Further, it rejected Adrian Radcliffe’s claim that Kena Properties as the purchaser cannot evict a legal occupier of a property putting paid to the claim that he was a legal occupier at the time of eviction.

As a matter of fact, Mr. Adrian Radcliffe cannot claim to be the legal occupier of the property having attempted to acquire it by adverse possession before the High Court thwarted his fraudulent scheme on 28th February 2011. Mr. Radcliffe did not appeal the 2011 High Court decision meaning it is still the law that he is not the owner of the land nor the legal occupier of the land having attempted to adversely acquire against the interests of the lawful owner who sold it to Kena Properties.

Mr. Adrian Radcliffe is a well-to-do Water, Sanitation and Hygiene (WaSH) UNICEF consultant and former UN employee (who has been earning hefty House Allowance). Many have wondered why he has been defaulting in paying rent for 33 years on the prime plot of land in Karen while living large and taking his kids to most expensive schools in Kenya. No question, a local Kenyan could never have gotten away with such selfish impunity.

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Review: Journal of Conflict Management and Sustainable Development, Vol. 9, No. 1




The Journal of Conflict Management and Sustainable Development, Volume 9, Issue No. 1, which is edited by and published by Dr. Kariuki Muigua, PhD is out and stays true to the reputation of the journal in providing a platform for scholarly debate on thematic areas in the fields of Conflict Management and Sustainable Development. The current issue published in September 2022 covers diverse topics including Resolving Oil and Gas Disputes in Africa; National Environment Tribunal, Sustainable Development and Access to Justice in Kenya; Protection of Cultural Heritage During War; The Role of Water in the attainment of Sustainable Development in Kenya; Property Rights in Human Biological Materials in Kenya; Nurturing our Wetlands for Biodiversity Conservation; Investor-State Dispute Resolution in a Fast-Paced World; Status of Participation of Women in Mediation; Business of Climate Change and Critical Analysis of World Trade Organization’s Most-Favored Nation (MFN) Treatment.

Dr. Wilfred A. Mutubwa and Eunice Njeri Ng’ang’a in “Resolving Oil and Gas Disputes in an Integrating Africa: An Appraisal of the Role of Regional Arbitration Centres” explore the nature of disputes in the realm of oil and gas in Africa taking a look into the recent continental and sub-regional developments in a bid to establish regional integration. Additionally, it tests the limits of intra-African trade and dispute resolution and the imperatives for the African regional courts and arbitration centres. In “National Environment Tribunal, Sustainable Development and Access to Justice in Kenya,” Dr. Kariuki Muigua discusses the role played by the National Environment Tribunal (NET) in promoting access to justice and enhancing the principles of sustainable development in Kenya. The paper also highlights challenges facing the tribunal and proposes recommendations towards enhancing the effectiveness of the tribunal.

Dr. Kenneth Wyne Mutuma in “Protecting Cultural Heritage in Times of War: A Case for History,” argues that cultural heritage is at the heart of human existence and its preservation even in times of war is sacrosanct. It concludes that it is thus critical for states to take positive and tangible steps to ensure environmental conservation and protection during war within the ambit of the existing international legal framework. In “The Role of Water in the attainment of Sustainable Development in Kenya,” Jack Shivugu critically evaluates the role of water in the attainment of sustainable development in Kenya and argues water plays a critical role in the attainment of the sustainable development goals both in Kenya and at the global stage. The paper interrogates some of the water and Sustainable Development concerns in Kenya including water pollution, water scarcity and climate change and suggests practical ways to enhance the role of water in the Sustainable Development agenda.

Dr. Paul Ogendi in “Collective Property Rights in Human Biological Materials in Kenya,” reflects on property rights in relation to human biological materials obtained from research participants participating in genomic research. He argues that property rights are crucial in genomic research because they can help avoid exploitation or abuse of such precious material by researchers. In “Nurturing our Wetlands for Biodiversity Conservation,” Dr. Kariuki Muigua notes that Wetlands have a vital role in not just delivering ecological services to meet human needs, but also in biodiversity conservation. Wetlands are vital habitat sites for many species and a source of water, both of which contribute to biodiversity protection. The paper examines the role of wetlands in biodiversity conservation and how these wetland resources might be managed to improve biodiversity conservation.

Oseko Louis D. Obure in “Investor-State Dispute Resolution in a Fast-Paced World,” preponderance of disputes between States or States and Investors created need for a robust, effective, and efficient mechanisms not only for the resolution of these disputes but also their prevention. He notes that developing states lead in being parties to Investor-State Disputes (ISD) particularly as respondents. He proceeds to conceptualize and problematize investor-state disputes resolution in a fast-paced world. Lilian N.S. Kong’ani and Dr. Kariuki Muigua in “Status of Participation of Women in Mediation: A case Study of Development Project Conflict in Olkaria IV, Kenya” review the status of participation of women in mediation to resolve conflicts between KenGen and the community. The paper demonstrates a need for further democratization of the mediation processes to cater for more participation of women to enhance the mediation results and offer more sustainable resolutions.

Felix Otieno Odhiambo and Melinda Lorenda Mueni in “The Business of Climate Change: An Analysis of Carbon Trading in Kenya analyses the business of carbon trading in the context of Kenya’s legal framework. The article examines the legal framework that underpins climate change into the Kenyan legal system and provides an exposition of the concept of carbon trading and its various forms. Michael Okello, in “Critical Analysis of World Trade Organisation’s Most-Favored Nation (MFN) Treatment: Prospects, Challenges and Emerging Trends in the 21st Century,” highlights the rationale behind MFN treatment and also restates the vision of multilateral trade to achieve equitable and special interventions with respect to trade in goods, services and trade related intellectual property rights in the affected states.

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