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Integrating the Agenda 2063 into Kenya’s Domestic Development Agenda



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

Kenya’s Vision 2030 is the long-term development blueprint for the country and is motivated by a collective aspiration for a better society by the year 2030. The aim of Kenya Vision 2030 is to create “a globally competitive and prosperous country with a high quality of life by 2030”. It aims to transform Kenya into “a newly-industrialising, middle income country providing a high quality of life to all its citizens in a clean and secure environment.” The economic, social and political pillars of Kenya Vision 2030 are anchored on the foundations of macroeconomic stability; infrastructural development; Science, Technology and Innovation (STI); Land Reforms; Human Resources Development; Security and Public Sector Reforms.

The Vision 2030 is to be implemented through successive five-year medium term plans. The current stage of implementation is the Third Medium Term Plan (MTP III) 2018-2022 whose theme is dubbed Transforming Lives: Advancing socio-economic development through the “Big Four.” The Second Medium Term Plan (MTP II) 2013-2017 was meant to achieve progress in development and modernization of infrastructure, improved security, human resource development, job creation, expanding access to affordable health care, and in modernizing the country’s public services. As to whether the progress in these areas was felt across the country remains both a development and political question. Currently, Kenya is thus pursuing the ‘BIG FOUR’ Agenda that seeks to ensure universal health coverage, affordable and decent housing, to increase the manufacturing contribution to the economy from 9.8 per cent to 15 per cent and guarantee food and nutrition security by 2022.

The Kenya government’s projects under the Big Four Agenda were allocated $4.3 billion from the $28 billion 2019/2020 budget. Universal health coverage got $906 million; manufacturing $40.8 million; affordable housing $183 million; and food and nutrition security $177 million.28 As already pointed out, the Agenda 2063 focuses on several areas of development including but not limited to: Sustainable and inclusive economic growth; Human Capital Development; Agriculture/value addition and agro-businesses development; Employment generation, especially the youth and females; Social Protection; Gender/Women development and youth empowerment; Good governance including capable institutions; Infrastructural development; Science, Technology, Innovation; Manufacturing-based industrialization; Peace and Security; and Culture, Arts and Sports.

These development themes notably overlap at the national and continental levels and it can thus be argued that the achievement of the national plans can greatly succeed by building synergies with the continental implementation plans especially as captured in the Agenda 2063 First Ten-year Implementation Plan 2014-2023. The dream of a successful continent can only be achieved through ensuring that the member States are not only supporting the realisation of Agenda 2063 but also ensuring that their national development plans are in harmony with the Agenda and that they are actually achieved not just a matter of wishful thinking. Kenya’s key development issues are especially among those given prominence in the Africa’s Agenda 2063. These include infrastructure, health, manufacturing, affordable housing and food and nutrition security, amongst others. Africa’s Agenda 2063 has set forth certain milestones related to integration, prosperity, and African ownership of its development programmes.

Further milestones are related to structural transformation, human development, good governance and on innovation and technology transfer. Some of the most significant milestones on innovation and technology transfer are building a better infrastructure, engineering and manufacturing base that shows significant increase in local content and input, increased science, technology and innovation (STI) output at national and regional levels and increased human capacity for science and technology and stimulating entrepreneurship through an increased number of added value products and services. Infrastructure is considered as bedrock for development, whereby, as an essential part of a supportive environment for investment and livelihood, adequate infrastructure promotes economic growth, reduces poverty, and improves delivery of health and other services.

A survey by Afrobarometer, a pan-African, non-partisan research network that conducts public attitude surveys on democracy, governance, economic conditions, and related issues across more than 30 countries in Africa, reported that provision of basic service infrastructure remains a challenge. On average across 35 African countries, only about two-thirds of citizens live in communities with an electric grid (65%) and/or piped water infrastructure (63%), and less than one in three have access to sewerage (30%). More than three times as many have access to cell phone service (93%), while about half (54%) live in zones with tarred or paved roads. Rural residents continue to be severely disadvantaged in most countries, with urban-rural gaps of more than 40 percentage points in the average availability of an electric grid, sewerage, and piped water infrastructure. This is despite the high priority assigned to infrastructure by both citizens and their governments in many African countries. Nevertheless, access to basic services remains highly variable across countries and regions.

Africa is considered as the continent with the world’s highest mortality rates, and it is the only continent where deaths from infectious disease still outnumber deaths from chronic disease. Indeed, Sub-Saharan Africans’ overall evaluation of their well-being has been reported to be lower than that of any other population in the world. The Low well-being is also largely attributed to low incomes in sub-Saharan Africa. Arguably, this is an indication of the interconnectedness of the various socio-economic rights and thus the need for an integrated approach to development.

The Government of Kenya’s Sector Plan for Science, Technology and Innovation 2013-2017 recognises that Science, Technology and Innovation (ST&I) play a pivotal role in the industrialization, sustainable development and growth of nations. Investments and integration of ST&I into social, economic and governance policies is expected to increase Kenya’s global competitiveness, create employment and increase productivity. This was developed in line with the recognition that the Kenya Vision 2030 and the Constitution explicitly place a premium on the generation and management of a knowledge-based economy and the need to raise productivity and efficiency.

While Kenya has made significant progress in the area of science, technology and innovation, it is worth pointing out that this is a sector that requires cooperation among countries especially if the same is to be used to promote and sustain cross-border trade. Also closely related to this is manufacturing and value addition. This will go a long way in enhancing national incomes as well as boosting agricultural production. Investing in people and technology transfer from developed states will boost Africa’s manufacturing industries. Value addition for agricultural produce will also boost Africa’s standing at the global platform as far as trade and commerce are concerned.

This is why Agenda 2063’s focus on promoting the growth and development of science, technology and innovation is a welcome move that requires goodwill and concerted efforts of all stakeholders. Both Agenda 2063 and Kenya’s Vision 2030 seek to promote environmental rule of law which is central to sustainable development, a concept that seeks to integrate environmental needs with the essential elements of the rule of law, and provides the basis for improving environmental governance. However, while the Constitution of Kenya 2010 and other post constitution statutes and policy documents recognise the centrality of sustainable development, Kenya still has a long way to go in achieving sustainable production and development practices.

Agenda 2063 seeks to promote environmentally sustainable climate and resilient economies and communities. Arguably, this will not be achieved unless individual states put in place national measures geared towards this. Individual efforts coupled with concerted efforts from all African governments will ensure that Africa achieves its targets under Agenda 2063 as well as United Nations Agenda 2030 on Sustainable Development. Sustainable agricultural production features in both AU Agenda 2063 and Kenya’s Agenda 2030.

If the African continent is to guarantee food and nutritional security for its people, then there must be cooperation amongst states in research and tackling infrastructure challenges that make it difficult to access and/or distribute food across countries and regions. Boosting agricultural production also requires land reforms across various states. There is need for supporting the agricultural sector through modern methods of production, guaranteeing farmers protection from foreign invasion of markets especially those outside Africa, good infrastructure, investing in value addition and enhancing national food storage and preservation facilities, amongst others.

Gender parity is a subject that is still relevant not only in Kenya but across many African societies. Investing in both men and women will go a long way in realisation of Africa’s development agenda. Putting in place empowerment measures such as fair labour practices and protection from all forms of violence is important. While having domestic laws on gender equality and equity is important, there is need for strong reporting mechanisms within the Agenda 2063 implementation framework, in order to ensure that no state is left behind as far as this issue is concerned. Some parts of Kenya and Africa in general still suffer violence and general insecurity. Some concerted efforts towards promoting peace and stability in the continent are still required as a basis for meaningful development.

Africa is a Continent that is rich in natural resources and cultural diversity amongst its many communities. However, it has lagged behind in development and protection of its riches both in terms of diverse communities and source of wealth for the rest of the world. Agenda 2063 promises to coordinate the various countries’ development agenda through outlining a development blueprint that should be used as a yardstick to ensure that the Continent moves forward as one. Kenya can work closely with other states to not only realize this Agenda but to also benefit from the same. Africa as a continent can certainly achieve the vision of prosperity. There is a lot for Kenya in this dream. Kenya can contribute and benefit from the realisation of Africa’s Agenda 2063.

*This article is an extract from the Article Africa’s Agenda 2063: What is in it for Kenya? by Dr. Kariuki Muigua, PhD, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Publisher of the Year 2021 and ADR Lifetime Achievement Award 2021 (CIArb Kenya). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Africa Trustee of the Chartered Institute of Arbitrators and the Managing Partner of Kariuki Muigua & Co. Advocates. Dr. Muigua is recognized among the top 5 leading lawyers and dispute resolution experts in Kenya by the Chambers Global Guide 2022.


Muigua, K., “Africa’s Agenda 2063: What is in it for Kenya?” Available at: (accessed on 21st May 2022).

News & Analysis

Why is THE LAWYER AFRICA Listing Top Law Firms and Top Lawyers?




The Litigation Hall of Fame | Kenya in 2023 (The Most Distinguished 50 Litigation Lawyers in Kenya).

We live in the age of information overload where too much information (TMI) is increasingly making it difficult to find actionable legal data about a good law firm or lawyer. At the same time, legal services are increasingly going digital and finding your next lawyer is a now a matter of a few clicks. Many existing, new and potential clients are interested to know more about the lawyer handling or likely to handle their next case or transaction as every HR Manager seeks to know how their In-house Lawyer or next hire compares to peers.

The biggest dilemma especially for commercial consumers of legal services  is where to begin the journey in finding the law firm or the lawyer to meet their immediate legal need created by their new venture,  business, transaction or dispute. In-house counsel are also called upon to justify opting for one lawyer or law firm or over the other.  Hence, the rise in the popularity of international law directories rankings as an attempt to fill the yawning gap by listing a few dozen lawyers and law firms in esoteric categories that often don’t align with the legal needs of the domestic legal market.

But ranking two dozen elite lawyers or big law firms in a big jurisdiction like Kenya there are over 20,000 lawyers is merely a drop in the ocean. The result is the same candidates are listed year after year and an In-house Legal Team looking to infuse new blood in their external counsel panel is left very little discretion. At best, International legal ranking only succeed to tilt the scales in favour of few big firms and their lawyers and to aid the choice of International Legal buyers who are constrained for time in picking their External Counsel in jurisdictions where they cannot find referrals.

The questions that beg are: What about the other top law firms and lawyers who are equally good if not better but don’t have the time to fill the technical paperwork that comes with International Legal Directories rankings? What about Domestic Legal Buyers who simply want to justify why they prefer a lawyer or law firm not listed in the International Directory? Can increasing the number of listed lawyers or law firms from less 0.1% of the profession (as captured by International Law Directories) to at least 1% of the profession or higher for those specializing in the practice area help in enhancing access to justice in Africa? Can ranking law firms by number of fee earners help in the quest for a more accurate bird’s eye view of a country’s legal landscape?

At THE LAWYER AFRICA, we have set out to list Top Law Firms and Top Lawyers in the various practice areas in a way that democratizes law rankings and listings and brings this essential value add within reach of most lawyers and every law firms doing top legal work. We don’t promise to list all the top lawyers or law firms, but we commit to make sure every lawyer or law firm we list is at the top of the game in the listed practice area. We aim to help both little known and already known law firms and lawyers doing top legal work in their area of specialization get discovered by discerning clients and possibly get more opportunities to do great work.

THE LAWYER AFRICA is looking to list up to Top 200 Law Firms in every African Jurisdiction based on their reputation and number of fee earners headcount with a goal of listing at least Africa’s Top 1,000 Law Firms which are leaders in their respective countries. We also seek to list up to Top 1,000 Lawyers in every country in Africa in at least five main practice areas, namely, Litigation, Commercial Law, Property law, In-house and Private Sector or more.

THE LAWYER AFRICA categorizes law firms in large jurisdictions as Top 5, Top 10, Top 20, Top 50 and Top 100 (and allow tying where number of counsel is equal). The Top Lawyers are listed in three categories, namely, Hall of Fame (the Distinguished Top 50 or 75 Practitioners in a Practice Area), Top 100 (the Leading Top 100 Practitioners in a Practice Area) and Up-and-Coming (the promising Top 50 or 75 Practitioners in a Practice Area).  The placing of a listings depends on a number of key factors including the number of key matters or transactions handled, years in practice and experience, size of team working under a counsel, reputation and opinion of peers (where available) as established by THE LAWYER AFRICA.

THE LAWYER AFRICA prefers to list a counsel in only one listing, as far as possible. The Team tries (as far as possible) not to contact listed law firms or lawyers before the listing is finalized in the first. However, a listed law firm or lawyer may be contacted at the pre-launch stage of a list for purposes of selling merchandise relating to the launch but such engagement will not affect the listing. In case of future listings, it is expected that interested lawyers or law firms who feel they were previously left out of the list may to provide information for consideration to determine if they qualify for the next listing but that will not guarantee any listing.

THE LAWYER AFRICA undertakes not to charge for listing any lawyer or law firm. However, upon publication of a listing, as part of recovering the sunk costs we incur in the research and publication of the listings, we shall charge a token for printing and shipping of Quality A3 Certificate for listed Law Firms and/or A4 Certificate for listed Lawyers who wish to have or display the branded souvenirs or to use our proprietary digital materials in their business  branding. We may also charge listed and unlisted law firms and lawyers an affordable fee for limited banner advertising or publishing of enhanced profiles next to the listings.

For any question or feedback on any list or listing, feel free to contact THE LAWYER AFRICA PUBLISHER at info[at]thelawyer[dot]africa.

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




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

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News & Analysis

Brief History of the Permanent Court of Arbitration (PCA)




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

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

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

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

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

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

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


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

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