News & Analysis
Book Review: Settling Disputes Through Arbitration in Kenya, 4th Edition
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8 months agoon
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AdminDr. Kariuki Muigua, PhD , Chartered Arbitrator, ADR bestseller “Settling Disputes Through Arbitration in Kenya”, now in the 4th Edition, has become widely-accepted as the most authoritative reference book on arbitration in Kenya. The book is esteemed as the foremost arbitration textbook and practitioners guide in Kenya and the larger East Africa region. The author, Dr. Kariuki Muigua, PhD was recently nominated by the Republic of Kenya as one of its Four (4) Members of the Permanent Court of Arbitration in The Hague. He is ranked in Band 1 among the Top 5 Arbitrators in Kenya by Chambers and Partners in 2023. Dr. Kariuki Muigua is Africa’s CIARB Trustee Emeritus (2019-2022) and won the African Arbitrator of the Year 2022 and African ADR Practitioner of the Year Award 2022 last year. He was awarded the prestigious Chartered Institute of Arbitrators (Kenya) Inaugural ADR Lifetime Achievement Award 2021 and was the Law Society of Kenya (Nairobi Branch) ADR Practitioner of the Year in 2021 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.
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News & Analysis
Way Forward in Actualizing Gender Equity for Environmental Sustainability
Published
34 mins agoon
March 19, 2024By
AdminBy Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is the Academic Champion of ADR 2024, the African ADR Practitioner of the Year 2022, the African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 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) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023), Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) and Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024)*
Achieving environmental sustainability has become a pertinent concern in the wake of global environmental challenges especially the threat of climate change. Despite efforts being made towards fostering gender equity, it has been observed that gender disparities are evident in the sphere of environmental governance and management a situation that hinders environmental sustainability and realization of Sustainable Development.
There is a need for active participation of both men and women in the management of natural resources and environmental governance in order to foster environmental sustainability. This can be achieved through public participation and access to information; embracing the role of women in in environment and natural resource decision making and leadership; economic empowerment of women and implementing national policies and programmes on gender such as Kenya’s National Policy on Gender and Development.
There is need to actualize gender equity in order to enhance environmental sustainability. It has been stated that gender equality and women’s empowerment are matters of fundamental human rights and prerequisites to meeting Sustainable Development goals around the world. This fact is acknowledged by the United Nation’s 2030 Agenda for Sustainable Development which asserts that realizing gender equality and empowerment of women will make a crucial contribution towards progress across all the Sustainable Development Goals and targets.
Sustainable Development Goal 5 seeks to ensure effective and full participation of women and equal opportunities at all levels of decision making in political, economic and public life including access to ownership and control over land and natural resources. Realizing this goal is vital in actualizing gender equity for environmental sustainability. Further, there is need to foster participation of women in environmental decision making including formulation of laws and policies on the environment and implementation of environmental projects.
Public participation is a fundamental principle that can enhance sound management of the environment and natural resources towards environmental sustainability. The importance of public participation has been enunciated under the Rio Declaration on Environment and Development. Public participation has also been captured as among the national values and principles of governance in Kenya. The Constitution also obliges the state to encourage public participation in the management, protection and conservation of the environment.
Public participation can foster the voice of women in environmental decision making and contribute towards the realization of environmental sustainability through sound and effective decisions that incorporate the decision of all concerned citizens including women. Women have always been the custodians of the environment and incorporating their views in environmental decision making will enhance the quality of such decisions thus fostering Sustainable Development. It is imperative to empower women and enhance access to information which are important tenets in fostering effective public participation.
The National Policy on Gender and Development in Kenya also envisages several ways through which gender equity can be realized for environmental sustainability. These include developing and reviewing environment, and other natural resources (including forests, water, mining, petroleum and energy) management laws, policies and programmes to ensure gender and equity compliance; ensuring availability of water for multiple use to women taking into account the gender division of labour that defines women’s domestic and productive activities in the household; ensuring that women participate in and benefit equitably from investments in various natural resources development initiatives; Building capacities of development agencies in gender mainstreaming into environment and climate change laws, policies and programmes and ensure that women participate in and contribute to and benefit from climate resilient programmes and projects and supporting interventions aimed at equitable participation of women in the sustainable utilization of natural resources for economic benefits including opportunities for carbon trading.
Realizing the vision of this policy is essential in actualizing gender equity for environmental sustainability in Kenya. It is indeed possible to achieve gender equality and equity if the National Policy on Gender and Development can be implemented and supported by good will from all groups of persons and all levels of government. It is also imperative embrace the role of women in in environment and natural resource decision making and leadership. This can be achieved by appointing women in leadership positions in ministries, state departments, environmental management bodies and other positions in environment related sectors.
Economic empowerment of women is also vital in actualizing gender equity and environmental sustainability. It can enhance the ability of women to access resources such as land, energy and water a factor that can enhance effective management of these resources towards environmental sustainability. Though the foregoing among other measures, gender equity can be actualized for environmental sustainability towards Sustainable Development. It has been argued that if countries are to achieve the Sustainable Development goals as well as their national development plans such as the Vision 2030 development blueprint in Kenya, then gender equality and equity must be addressed as a matter of priority since development requires concerted efforts of both men and women.
*This is an extract from Kenya’s First Clean and Healthy Environment Book: Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, 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 National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya and Academic Champion of ADR 2024. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. 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 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 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 and the Top Arbitrator in Kenya in 2023.
References
‘What Is Gender and Biodiversity?’ Available at https://www.cbd.int/gender/biodiversity/ (Accessed on 11/08/2023).
African Charter on Human and People’s Rights., Available at https://au.int/sites/default/files/treaties/36390-treaty-0011_- _african_charter_on_human_and _peoples_rights_e.pdf (Accessed on 12/08/2023).
Crabtree. E., ‘Why we Need Gender Equity, Not Just Equality.’ Available at https://iqeq.com/insights/why-we-need-gender-equity-not-justequality/#:~:text=Gender%20equality%20is%20giving%20all,limit%20 how%20people%20access%20 opportunities. (Accessed on 11/08/2023).
DCED., ‘Gender Equality vs Equity.’ Available at https://www.enterprisedevelopment.org/weegateway/gender-equality-vs-equity/ (Accessed on 11/08/2023).
De Silva. DG., & Pownall. RA., ‘Going Green: Does it Depend on Education, Gender or Income? ‘ Applied Economics, Volume 46, No. 5. (2014) pp573–586.
Fitzmaurice. M., ‘The Principle of Sustainable Development in International Development Law.’ International Sustainable Development Law., Vol 1.
- J. Latham, “A study on gender equality as a prerequisite for sustainable development,” Report to the Environment Advisory Council, Sweden 2007:2, p. 17. Available at http://www.uft.oekologie.unibremen.de/hartmutkoehler_fuer_studierende/MEC/ 09-MECreading/gender%202007%20EAC%20rapport_engelska.pdf (Accessed on 11/08/2023).
Geneva Environment Network., ‘Gender and the Environment.’ Available at https://www.genevaenvironmentnetwork.org/resources/updates/gender-and-theenvironment/ (Accessed on 11/08/2023).
Goodland. R., ‘The Concept of Environmental Sustainability.’ Annual Review of Ecology and Systematics, Volume 26 (1995), 1-24.
Hannan. C., ‘Mainstreaming Gender Perspectives in Environmental Management and Mitigation of Natural Disasters.’ Available at https://web.archive.org/web/20180721174301id_/http://www.un.org/ womenwat ch/osagi/pdf/presnat%20disaster.PDF (Accessed on 12/08/2023).
IUCN., ‘Gender and the Environment: What are the Barriers to Gender Equality in Sustainable Ecosystem Management?’ Available at https://www.iucn.org/news/gender/202001/gender-and-environment-what-are-barriers-gender-equality-sustainable-ecosystem-management (Accessed on 12/08/2023).
Kariuki. J., & Birner. R., ‘Exploring Gender Equity in Ecological Restoration: The Case of a Market Based Program in Kenya.’ Available at https://er.uwpress.org/content/wper/39/1-2/77.full.pdf (Accessed on 12/08/2023).
Kassinis. G et al., ‘Gender and Environmental Sustainability: A Longitudinal Analysis.’ Corporate Social Responsibility and Environmental Management (2016).
Morelli. J., ‘Environmental Sustainability: A Definition for Environmental Professionals.’ Journal of Environmental Sustainability, Volume 1, Issue 1 (2011).
Muigua. K., ‘Actualising the National Policy on Gender and Development in Kenya.’ Available at http://kmco.co.ke/wp-content/uploads/2020/10/Actualising-theNational-Policy-on-Gender-and-Development-in-Kenya-Kariuki-Muigua-Ph.DOctober-2020.pdf (Accessed on 12/08/2023).
Muigua. K., ‘Gender Perspectives in Biodiversity Conservation.’ Available at http://kmco.co.ke/wp-content/uploads/2021/11/Gender-Perspectives-inBiodiversity-Conservation-Kariuki-Muigua-November-2021.pdf (Accessed on 11/08/2023).
Muigua. K., ‘Towards Meaningful Public Participation in Natural Resource Management in Kenya.’ Available at http://kmco.co.ke/wpcontent/uploads/2018/08/TOWARDS-MEANINGFUL-PUBLIC-PARTICIPATIONIN-NATURAL-RESOURCE-MANAGEMENT-IN-KENYA.pdf (Accessed on 12/09/2023).
Organization for Security and Co-operation in Europe., ‘Gender and the Environment.’ Available at https://www.osce.org/files/f/documents/4/f/36360.pdf (Accessed on 12/08/2023).
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa., Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WG/Prot ocolontheRightsofWomen.pdf (Accessed on 12/08/2023).
Report of the World Commission on Environment and Development., ‘Our Common Future’ 1987 (Brundtland Report).
Republic of Kenya., ‘Sessional Paper No. 02 of 2019 on National Policy on Gender and Development.’ Available at http://psyg.go.ke/wpcontent/uploads/2019/12/NATIONAL-POLICY-ON-GENDER-ANDDEVELOPMENT.pdf (Accessed on 12/08/2023).
Robinson. D., ‘15 Biggest Environmental Problems of 2023.’ Available at https://earth.org/the-biggest-environmental-problems-of-our-lifetime/ (Accessed on 11/08/2023).
Shobeiri. S., & Meiboudi. H., ‘Women’s Participation in Environmental Management and Development Promotion Culture.’ Available at https://www.researchgate.net/publication/311533595_Women’s _participation_in_e nvironmental_management_and_development_Promotion_Culture#:~:text=Women %20are%20the%20main%20cause,environmental%20management%20are%20so%20o bvious. (Accessed on 12/08/2023).
SIDA., ‘Gender and the Environment.’ Available at https://cdn.sida.se/publications/files/-gender-and-the-environment.pdf (Accessed on 11/08/2023).
Sphera., ‘What Is Environmental Sustainability?’ Available at https://sphera.com/glossary/what-is-environmental-sustainability/ (Accessed on 11/08/2023).
The Organization for Economic Cooperation and Development., ‘Gender and the Environment.’ Available at https://www.oecd.org/env/gender-and-theenvironment-3d32ca39-en.htm (Accessed on 12/08/2023).
UN Women., ‘Explainer: How Gender Inequality and Climate Change are Interconnected.’ Available at https://www.unwomen.org/en/newsstories/explainer/2022/02/explainer-how-gender-inequality-and-climate-changeare-interconnected?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8p-iWBVsiOQq0h8- HiXaObwP7T1nztSxRGPldFcxcRs-fIzzRIQIgRoCVrIQAvD_BwE (Accessed on 12/08/2023).
UNICEF., ‘Climate Change and Environmental Sustainability.’ Available at https://www.unicef.org/india/what-we-do/climate-change (Accessed on 11/08/2023).
United Nations Department of Economic and Social Affairs., ‘Forum on Climate Change and Science and Technology Innovation.’ Available at https://www.un.org/en/desa/forum-climate-change-andscience-and-technologyinnovation (Accessed on 11/08/2023).
United Nations Environment Programme., ‘About Gender.’ Available at https://www.unep.org/explore-topics/gender/about-gender (Accessed on 11/08/2023).
United Nations Framework Convention on Climate Change., ‘New Report: Why Climate Change Impacts Women Differently than Men.’ Available at https://unfccc.int/news/new-report-why-climate-change-impacts-womendifferently-thanmen?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8ssIfst99WBehD0DHNpgs bjqaHye6wO iIPq9xBR4ZYRvsL8yf_KNgxoCskUQAvD_BwE (Accessed on 12/08/2023).
United Nations General Assembly., ‘Report of the United Nations Conference On Environment and Development: Rio Declaration on Environment and Development.’ A/CONF.151/26 (Vol. I), Principle 3.
United Nations, “The Role of Men and Boys in Achieving Gender Equality,” Women 2000 and Beyond, December 2008, p.4. Available at http://www.unwomen.org/~/media/headquarters/media/publications/un/en/w 2000menandboyseweb.pdf (Accessed on 11/08/2023).
United Nations., ‘Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972’ Principle 2.
United Nations., ‘Report of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace.’ AlCONF.116128/Rev.1 48.
United Nations., ‘Transforming Our World: The 2030 Agenda for Sustainable Development.’ Available at https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda %20for%20Sustain able%20Development%20web.pdf (Accessed on 12/08/2023).
United Nations., ‘What is Climate Change?’ Available at https://www.un.org/en/climatechange/what-is-climate-change (Accessed on 11/08/2023).
News & Analysis
Progress and Pitfalls in Actualizing Gender Equity for Environmental Sustainability
Published
3 hours agoon
March 18, 2024By
AdminBy Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is the Academic Champion of ADR 2024, the African ADR Practitioner of the Year 2022, the African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 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) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023), Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) and Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024)*
There have been some attempts towards fostering gender equity for environmental sustainability. The Third United Nations Women’s Conference held in Nairobi Kenya in 1985 was among the first international forums that made explicit the linkages between Sustainable Development and women’s involvement and empowerment as well as gender equality and equity. The conference identified the environment as an area of concern for women and called for a gender perspective on Sustainable Development, planning and implementation.
The Rio Declaration also envisages the participation of all people in environmental management. Principle 10 of the Rio Declaration states as follows: ‘Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decisionmaking processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.’
Principle 10 of the Rio Declaration thus encapsulates several tenets that are vital in actualizing gender equity for environmental sustainability including participation of all citizens, access to information and access to justice. Upholding these principles can enhance gender equity for environmental sustainability. In Africa, the African Charter on Human and People’s Rights stipulates that all people shall have the right to a general satisfactory environment favourable to their development. It also calls upon Africa states to ensure the elimination of every discrimination against women.
The African Charter on Human and People’s Rights therefore envisages the ideas of environmental sustainability and gender equity. Further, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa states that women shall have the right to live in a healthy and sustainable environment. It implores states to ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels. The Protocol thus envisages the role of gender equity in environmental sustainability.
In Kenya, the Constitution enshrines equity and equality as being among the national values and principles of governance. It further captures the right of every person to a clean and healthy environment. The Constitution also obliges the state to encourage public participation in the management, protection and conservation of the environment. It also states that every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources. Actualizing these Constitutional provisions will foster gender equity for environmental sustainability in Kenya.
In addition, the National Policy on Gender and Development seeks to create a just, fair and transformed society free from gender-based discrimination in all spheres of life practices. The policy is further aimed at integrating gender equality and women’s empowerment into sectoral policies, planning and programmes including the environment and natural resources management. The policy acknowledges that access to and control over environmental resources is gender biased.
It seeks to promote gender equity for environmental sustainability through measures such as having women well represented in decision-making processes over the environment and natural resources; taking into account women’s input into climate change adaptation and mitigation strategies; reducing gender disparities in access to natural resources; providing affordable clean water to reduce health risks related to poor quality of water and providing gender-disaggregated data on the impacts of environmental and natural resources’ degradation and climate change.
Realizing the vision of this policy is vital in actualizing gender equity for environmental sustainability in Kenya. From the foregoing, it can be deduced that there have been attempts towards fostering gender equity for environmental sustainability. However, it has also been observed that there are still gender disparities which hinder effective realization of gender equity for sustainable development.
It has been observed that men are the main actors in the management of renewable and non-renewable natural resources such as forests, wildlife, minerals and natural gas. This has significant implications on the Gross Domestic Product and the livelihoods of Kenyans dependent on the environment and natural resources69. Further, gender disparities are also witnessed through cases of unequal and insecure rights over land with women being disproportionately disadvantaged.
In Kenya, it has been stated that there are gender inequalities in land ownership and representation. The Constitution of Kenya acknowledges this problem and enshrines the elimination of gender discrimination in law, customs and practices related to land and property in land as one of the principles of land policy in Kenya. Access to and secure tenure over land is closely linked to natural resource access and management, such as water and forest resources, with benefits for sustainable ecosystems.
In addition, it has been pointed out that looking at gender aspects of the use of natural resources such as water, forests and land and experiences of environmental degradation through climate change, pollution, chemicals, loss of biodiversity illustrates gender inequalities. Women are severely affected by challenges such as the lack of access to modern energy services, lack of access to safe and clean water and inadequate land rights due to their important role in sustaining households.
Furthermore, women have been severely impacted by the effects of climate change as witnessed by inadequate access to natural resources such as water, food insecurity due to drought which hinders farming activities and gender based violence. It has also been noted that inadequate representation by women in environmental governance in areas such as energy, forestry and land has resulted in mismanagement of these sectors contributing to the threat of climate change and adverse effects on women. It is necessary to solve these problems in order to actualize gender equity for environmental sustainability.
*This is an extract from Kenya’s First Clean and Healthy Environment Book: Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, 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 National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya and Academic Champion of ADR 2024. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. 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 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 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 and the Top Arbitrator in Kenya in 2023.
References
‘What Is Gender and Biodiversity?’ Available at https://www.cbd.int/gender/biodiversity/ (Accessed on 11/08/2023).
African Charter on Human and People’s Rights., Available at https://au.int/sites/default/files/treaties/36390-treaty-0011_- _african_charter_on_human_and _peoples_rights_e.pdf (Accessed on 12/08/2023).
Crabtree. E., ‘Why we Need Gender Equity, Not Just Equality.’ Available at https://iqeq.com/insights/why-we-need-gender-equity-not-justequality/#:~:text=Gender%20equality%20is%20giving%20all,limit%20 how%20people%20access%20 opportunities. (Accessed on 11/08/2023).
DCED., ‘Gender Equality vs Equity.’ Available at https://www.enterprisedevelopment.org/weegateway/gender-equality-vs-equity/ (Accessed on 11/08/2023).
De Silva. DG., & Pownall. RA., ‘Going Green: Does it Depend on Education, Gender or Income? ‘ Applied Economics, Volume 46, No. 5. (2014) pp573–586.
Fitzmaurice. M., ‘The Principle of Sustainable Development in International Development Law.’ International Sustainable Development Law., Vol 1.
- J. Latham, “A study on gender equality as a prerequisite for sustainable development,” Report to the Environment Advisory Council, Sweden 2007:2, p. 17. Available at http://www.uft.oekologie.unibremen.de/hartmutkoehler_fuer_studierende/MEC/ 09-MECreading/gender%202007%20EAC%20rapport_engelska.pdf (Accessed on 11/08/2023).
Geneva Environment Network., ‘Gender and the Environment.’ Available at https://www.genevaenvironmentnetwork.org/resources/updates/gender-and-theenvironment/ (Accessed on 11/08/2023).
Goodland. R., ‘The Concept of Environmental Sustainability.’ Annual Review of Ecology and Systematics, Volume 26 (1995), 1-24.
Hannan. C., ‘Mainstreaming Gender Perspectives in Environmental Management and Mitigation of Natural Disasters.’ Available at https://web.archive.org/web/20180721174301id_/http://www.un.org/ womenwat ch/osagi/pdf/presnat%20disaster.PDF (Accessed on 12/08/2023).
IUCN., ‘Gender and the Environment: What are the Barriers to Gender Equality in Sustainable Ecosystem Management?’ Available at https://www.iucn.org/news/gender/202001/gender-and-environment-what-are-barriers-gender-equality-sustainable-ecosystem-management (Accessed on 12/08/2023).
Kariuki. J., & Birner. R., ‘Exploring Gender Equity in Ecological Restoration: The Case of a Market Based Program in Kenya.’ Available at https://er.uwpress.org/content/wper/39/1-2/77.full.pdf (Accessed on 12/08/2023).
Kassinis. G et al., ‘Gender and Environmental Sustainability: A Longitudinal Analysis.’ Corporate Social Responsibility and Environmental Management (2016).
Morelli. J., ‘Environmental Sustainability: A Definition for Environmental Professionals.’ Journal of Environmental Sustainability, Volume 1, Issue 1 (2011).
Muigua. K., ‘Actualising the National Policy on Gender and Development in Kenya.’ Available at http://kmco.co.ke/wp-content/uploads/2020/10/Actualising-theNational-Policy-on-Gender-and-Development-in-Kenya-Kariuki-Muigua-Ph.DOctober-2020.pdf (Accessed on 12/08/2023).
Muigua. K., ‘Gender Perspectives in Biodiversity Conservation.’ Available at http://kmco.co.ke/wp-content/uploads/2021/11/Gender-Perspectives-inBiodiversity-Conservation-Kariuki-Muigua-November-2021.pdf (Accessed on 11/08/2023).
Muigua. K., ‘Towards Meaningful Public Participation in Natural Resource Management in Kenya.’ Available at http://kmco.co.ke/wpcontent/uploads/2018/08/TOWARDS-MEANINGFUL-PUBLIC-PARTICIPATIONIN-NATURAL-RESOURCE-MANAGEMENT-IN-KENYA.pdf (Accessed on 12/09/2023).
Organization for Security and Co-operation in Europe., ‘Gender and the Environment.’ Available at https://www.osce.org/files/f/documents/4/f/36360.pdf (Accessed on 12/08/2023).
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa., Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WG/Prot ocolontheRightsofWomen.pdf (Accessed on 12/08/2023).
Report of the World Commission on Environment and Development., ‘Our Common Future’ 1987 (Brundtland Report).
Republic of Kenya., ‘Sessional Paper No. 02 of 2019 on National Policy on Gender and Development.’ Available at http://psyg.go.ke/wpcontent/uploads/2019/12/NATIONAL-POLICY-ON-GENDER-ANDDEVELOPMENT.pdf (Accessed on 12/08/2023).
Robinson. D., ‘15 Biggest Environmental Problems of 2023.’ Available at https://earth.org/the-biggest-environmental-problems-of-our-lifetime/ (Accessed on 11/08/2023).
Shobeiri. S., & Meiboudi. H., ‘Women’s Participation in Environmental Management and Development Promotion Culture.’ Available at https://www.researchgate.net/publication/311533595_Women’s _participation_in_e nvironmental_management_and_development_Promotion_Culture#:~:text=Women %20are%20the%20main%20cause,environmental%20management%20are%20so%20o bvious. (Accessed on 12/08/2023).
SIDA., ‘Gender and the Environment.’ Available at https://cdn.sida.se/publications/files/-gender-and-the-environment.pdf (Accessed on 11/08/2023).
Sphera., ‘What Is Environmental Sustainability?’ Available at https://sphera.com/glossary/what-is-environmental-sustainability/ (Accessed on 11/08/2023).
The Organization for Economic Cooperation and Development., ‘Gender and the Environment.’ Available at https://www.oecd.org/env/gender-and-theenvironment-3d32ca39-en.htm (Accessed on 12/08/2023).
UN Women., ‘Explainer: How Gender Inequality and Climate Change are Interconnected.’ Available at https://www.unwomen.org/en/newsstories/explainer/2022/02/explainer-how-gender-inequality-and-climate-changeare-interconnected?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8p-iWBVsiOQq0h8- HiXaObwP7T1nztSxRGPldFcxcRs-fIzzRIQIgRoCVrIQAvD_BwE (Accessed on 12/08/2023).
UNICEF., ‘Climate Change and Environmental Sustainability.’ Available at https://www.unicef.org/india/what-we-do/climate-change (Accessed on 11/08/2023).
United Nations Department of Economic and Social Affairs., ‘Forum on Climate Change and Science and Technology Innovation.’ Available at https://www.un.org/en/desa/forum-climate-change-andscience-and-technologyinnovation (Accessed on 11/08/2023).
United Nations Environment Programme., ‘About Gender.’ Available at https://www.unep.org/explore-topics/gender/about-gender (Accessed on 11/08/2023).
United Nations Framework Convention on Climate Change., ‘New Report: Why Climate Change Impacts Women Differently than Men.’ Available at https://unfccc.int/news/new-report-why-climate-change-impacts-womendifferently-thanmen?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8ssIfst99WBehD0DHNpgs bjqaHye6wO iIPq9xBR4ZYRvsL8yf_KNgxoCskUQAvD_BwE (Accessed on 12/08/2023).
United Nations General Assembly., ‘Report of the United Nations Conference On Environment and Development: Rio Declaration on Environment and Development.’ A/CONF.151/26 (Vol. I), Principle 3.
United Nations, “The Role of Men and Boys in Achieving Gender Equality,” Women 2000 and Beyond, December 2008, p.4. Available at http://www.unwomen.org/~/media/headquarters/media/publications/un/en/w 2000menandboyseweb.pdf (Accessed on 11/08/2023).
United Nations., ‘Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972’ Principle 2.
United Nations., ‘Report of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace.’ AlCONF.116128/Rev.1 48.
United Nations., ‘Transforming Our World: The 2030 Agenda for Sustainable Development.’ Available at https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda %20for%20Sustain able%20Development%20web.pdf (Accessed on 12/08/2023).
United Nations., ‘What is Climate Change?’ Available at https://www.un.org/en/climatechange/what-is-climate-change (Accessed on 11/08/2023).
News & Analysis
The Nexus between Gender Equity and Environmental Sustainability
Published
5 hours agoon
March 18, 2024By
AdminBy Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is the Academic Champion of ADR 2024, the African ADR Practitioner of the Year 2022, the African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 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) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023), Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) and Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024)*
The term gender refers to the set of social norms, practices and institutions that regulate the relations between women and men in a society. It has also been defined as a social construct that ascribes different qualities and rights to women and men regardless of individual competence or desires. Further, the term gender is also used to refer to the socially-constructed expectations about the characteristics, aptitudes and behaviours associated with being a woman or a man, and while gender defines what is feminine and masculine, it shapes the social roles that men and women play and the power relations between them, which can have a profound effect on the use and management of natural resources.
Gender equality entails giving men and women equal treatment when it comes to rights, responsibilities and opportunities. It enshrines equal outcomes for women, men and gender-diverse people. Gender equity on the other hand is about fairness. In order to ensure everyone has equal opportunities, gender equity considers privilege, bias and other parameters that can limit how people access opportunities.
Gender equity is the process to achieve gender equality. It recognizes that due to historical and social disadvantages some people especially women are not in the same position as men and thus treating them ‘equally’ may not be fair hence the need to address these inequalities. It has been observed that men and women relate to the environment in different ways, and environmental changes have different impacts on their lives.
Women play a critical role in sustaining communities and managing natural resources, but their contributions are often undervalued and neglected. For example, women play a central part in the provision, management and safeguarding of freshwater as a natural resource, and they are often responsible for sanitation and maintaining a hygienic home. Women are also more likely than men to live in poverty, and they are more vulnerable to the impacts of climate change and other environmental hazards, especially in developing countries.
Natural disasters such as erosion and other forms of soil degradation, pollution of freshwaters, shore-line erosion, flooding, loss of wetlands, drought and desertification impact directly on women in their roles as providers of food, water and fuel. It has also been observed that climate change can also impact on women’s productive roles since its impacts such as rising sea levels, flooding in low-lying delta areas and increased salt-water intrusion can jeopardize sustainable livelihood strategies. Further, food security and family well-being are threatened when the resource base on which women rely to carry out their critical roles and obtain supplementary incomes is undermined.
Agriculture is the most important employment sector for women in low and middle income countries and therefore, during periods of drought and erratic rainfall, women, as agricultural workers and primary procurers, work harder to secure income and resources for their families. This puts added pressure on girls, who often have to leave school to help their mothers manage the increased burden. Women also bear a disproportional burden of deteriorating water quality and availability in rural and urban areas due to environmental problems such as pollution and drought and have to travel long distances in search of water to sustain households.
Based on the foregoing, it has been argued that women were more worried about climate change than men and that more women than men felt they could do something to curb climate change and were prepared to take action to that effect. Actualizing gender equity and giving women a voice in environmental decision making can therefore foster environmental sustainability. In addition, in the context of corporate governance, it has been observed that women play a more significant role, compared to men, in establishing positive values in terms of social welfare but also toward reducing carbon emissions. Thus, enhancing board gender diversity is vital in enabling firms to ‘go green.’
Gender board diversity is positively related to a firm’s ‘environmental consciousness and foster environmental sustainability initiatives through Corporate Social Responsibility (CSR) activities. To this extent, it has been argued that women have a lower proclivity for unethical business behavior and are more socially oriented than men, which could mean that more gender diverse boards are less likely to engage in unethical behavior and be more effective in CSR-related decision-making. Actualizing gender equity in board decision making can thus enhance environmental sustainability.
Based on the foregoing, it has been asserted that Gender equity and environmental sustainability are gaining political momentum as global challenges that require urgent co-ordinated action. Women and men around the world are affected differently by climate change, deforestation, land degradation, desertification, unsustainable infrastructure, growing water scarcity and inadequate sanitation, making the goals of gender equality and environmental sustainability mutually reinforcing. Integrating a gender lens to environmental data collection and policy making can thus foster environmental sustainability.
*This is an extract from Kenya’s First Clean and Healthy Environment Book: Actualizing the Right to a Clean and Healthy Environment (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, 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 National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya and Academic Champion of ADR 2024. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. 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 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 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 and the Top Arbitrator in Kenya in 2023.
References
‘What Is Gender and Biodiversity?’ Available at https://www.cbd.int/gender/biodiversity/ (Accessed on 11/08/2023).
African Charter on Human and People’s Rights., Available at https://au.int/sites/default/files/treaties/36390-treaty-0011_- _african_charter_on_human_and _peoples_rights_e.pdf (Accessed on 12/08/2023).
Crabtree. E., ‘Why we Need Gender Equity, Not Just Equality.’ Available at https://iqeq.com/insights/why-we-need-gender-equity-not-justequality/#:~:text=Gender%20equality%20is%20giving%20all,limit%20 how%20people%20access%20 opportunities. (Accessed on 11/08/2023).
DCED., ‘Gender Equality vs Equity.’ Available at https://www.enterprisedevelopment.org/weegateway/gender-equality-vs-equity/ (Accessed on 11/08/2023).
De Silva. DG., & Pownall. RA., ‘Going Green: Does it Depend on Education, Gender or Income? ‘ Applied Economics, Volume 46, No. 5. (2014) pp573–586.
Fitzmaurice. M., ‘The Principle of Sustainable Development in International Development Law.’ International Sustainable Development Law., Vol 1.
- J. Latham, “A study on gender equality as a prerequisite for sustainable development,” Report to the Environment Advisory Council, Sweden 2007:2, p. 17. Available at http://www.uft.oekologie.unibremen.de/hartmutkoehler_fuer_studierende/MEC/ 09-MECreading/gender%202007%20EAC%20rapport_engelska.pdf (Accessed on 11/08/2023).
Geneva Environment Network., ‘Gender and the Environment.’ Available at https://www.genevaenvironmentnetwork.org/resources/updates/gender-and-theenvironment/ (Accessed on 11/08/2023).
Goodland. R., ‘The Concept of Environmental Sustainability.’ Annual Review of Ecology and Systematics, Volume 26 (1995), 1-24.
Hannan. C., ‘Mainstreaming Gender Perspectives in Environmental Management and Mitigation of Natural Disasters.’ Available at https://web.archive.org/web/20180721174301id_/http://www.un.org/ womenwat ch/osagi/pdf/presnat%20disaster.PDF (Accessed on 12/08/2023).
IUCN., ‘Gender and the Environment: What are the Barriers to Gender Equality in Sustainable Ecosystem Management?’ Available at https://www.iucn.org/news/gender/202001/gender-and-environment-what-are-barriers-gender-equality-sustainable-ecosystem-management (Accessed on 12/08/2023).
Kariuki. J., & Birner. R., ‘Exploring Gender Equity in Ecological Restoration: The Case of a Market Based Program in Kenya.’ Available at https://er.uwpress.org/content/wper/39/1-2/77.full.pdf (Accessed on 12/08/2023).
Kassinis. G et al., ‘Gender and Environmental Sustainability: A Longitudinal Analysis.’ Corporate Social Responsibility and Environmental Management (2016).
Morelli. J., ‘Environmental Sustainability: A Definition for Environmental Professionals.’ Journal of Environmental Sustainability, Volume 1, Issue 1 (2011).
Muigua. K., ‘Actualising the National Policy on Gender and Development in Kenya.’ Available at http://kmco.co.ke/wp-content/uploads/2020/10/Actualising-theNational-Policy-on-Gender-and-Development-in-Kenya-Kariuki-Muigua-Ph.DOctober-2020.pdf (Accessed on 12/08/2023).
Muigua. K., ‘Gender Perspectives in Biodiversity Conservation.’ Available at http://kmco.co.ke/wp-content/uploads/2021/11/Gender-Perspectives-inBiodiversity-Conservation-Kariuki-Muigua-November-2021.pdf (Accessed on 11/08/2023).
Muigua. K., ‘Towards Meaningful Public Participation in Natural Resource Management in Kenya.’ Available at http://kmco.co.ke/wpcontent/uploads/2018/08/TOWARDS-MEANINGFUL-PUBLIC-PARTICIPATIONIN-NATURAL-RESOURCE-MANAGEMENT-IN-KENYA.pdf (Accessed on 12/09/2023).
Organization for Security and Co-operation in Europe., ‘Gender and the Environment.’ Available at https://www.osce.org/files/f/documents/4/f/36360.pdf (Accessed on 12/08/2023).
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa., Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Women/WG/Prot ocolontheRightsofWomen.pdf (Accessed on 12/08/2023).
Report of the World Commission on Environment and Development., ‘Our Common Future’ 1987 (Brundtland Report).
Republic of Kenya., ‘Sessional Paper No. 02 of 2019 on National Policy on Gender and Development.’ Available at http://psyg.go.ke/wpcontent/uploads/2019/12/NATIONAL-POLICY-ON-GENDER-ANDDEVELOPMENT.pdf (Accessed on 12/08/2023).
Robinson. D., ‘15 Biggest Environmental Problems of 2023.’ Available at https://earth.org/the-biggest-environmental-problems-of-our-lifetime/ (Accessed on 11/08/2023).
Shobeiri. S., & Meiboudi. H., ‘Women’s Participation in Environmental Management and Development Promotion Culture.’ Available at https://www.researchgate.net/publication/311533595_Women’s _participation_in_e nvironmental_management_and_development_Promotion_Culture#:~:text=Women %20are%20the%20main%20cause,environmental%20management%20are%20so%20o bvious. (Accessed on 12/08/2023).
SIDA., ‘Gender and the Environment.’ Available at https://cdn.sida.se/publications/files/-gender-and-the-environment.pdf (Accessed on 11/08/2023).
Sphera., ‘What Is Environmental Sustainability?’ Available at https://sphera.com/glossary/what-is-environmental-sustainability/ (Accessed on 11/08/2023).
The Organization for Economic Cooperation and Development., ‘Gender and the Environment.’ Available at https://www.oecd.org/env/gender-and-theenvironment-3d32ca39-en.htm (Accessed on 12/08/2023).
UN Women., ‘Explainer: How Gender Inequality and Climate Change are Interconnected.’ Available at https://www.unwomen.org/en/newsstories/explainer/2022/02/explainer-how-gender-inequality-and-climate-changeare-interconnected?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8p-iWBVsiOQq0h8- HiXaObwP7T1nztSxRGPldFcxcRs-fIzzRIQIgRoCVrIQAvD_BwE (Accessed on 12/08/2023).
UNICEF., ‘Climate Change and Environmental Sustainability.’ Available at https://www.unicef.org/india/what-we-do/climate-change (Accessed on 11/08/2023).
United Nations Department of Economic and Social Affairs., ‘Forum on Climate Change and Science and Technology Innovation.’ Available at https://www.un.org/en/desa/forum-climate-change-andscience-and-technologyinnovation (Accessed on 11/08/2023).
United Nations Environment Programme., ‘About Gender.’ Available at https://www.unep.org/explore-topics/gender/about-gender (Accessed on 11/08/2023).
United Nations Framework Convention on Climate Change., ‘New Report: Why Climate Change Impacts Women Differently than Men.’ Available at https://unfccc.int/news/new-report-why-climate-change-impacts-womendifferently-thanmen?gclid=CjwKCAjw29ymBhAKEiwAHJbJ8ssIfst99WBehD0DHNpgs bjqaHye6wO iIPq9xBR4ZYRvsL8yf_KNgxoCskUQAvD_BwE (Accessed on 12/08/2023).
United Nations General Assembly., ‘Report of the United Nations Conference On Environment and Development: Rio Declaration on Environment and Development.’ A/CONF.151/26 (Vol. I), Principle 3.
United Nations, “The Role of Men and Boys in Achieving Gender Equality,” Women 2000 and Beyond, December 2008, p.4. Available at http://www.unwomen.org/~/media/headquarters/media/publications/un/en/w 2000menandboyseweb.pdf (Accessed on 11/08/2023).
United Nations., ‘Report of the United Nations Conference on the Human Environment, Stockholm, 5-16 June 1972’ Principle 2.
United Nations., ‘Report of the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace.’ AlCONF.116128/Rev.1 48.
United Nations., ‘Transforming Our World: The 2030 Agenda for Sustainable Development.’ Available at https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda %20for%20Sustain able%20Development%20web.pdf (Accessed on 12/08/2023).
United Nations., ‘What is Climate Change?’ Available at https://www.un.org/en/climatechange/what-is-climate-change (Accessed on 11/08/2023).
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