Dr. Kariuki Muigua, PhD has been nominated for the African Arbitrator of the Year 2022 Award. He is one of the most qualified and decorated Arbitrators in Africa being a Chartered Arbitrator (2015), Fellow of the Chartered Institute of Arbitrators (FCIArb), Accredited/Certified Mediator and Advocate of the High Court of Kenya of 32 Years. He has been shortlisted for African Arbitrator of the Year Award at the 3rd African Arbitration Awards and voting is open until the Monday 13th June, 2022 Midnight Deadline. Please follow this link to vote for Dr. Kariuki Muigua for the award of African Arbitrator of the Year 2022: https://preview.mailerlite.com/m3m6o7l6c8/1968314795065083207/z0p1/

In 2021, Dr. Kariuki Muigua was awarded the Inaugural CIArb (Kenya) Lifetime Achievement Award 2021 for his immense contribution to arbitration and ADR practice in Kenya and East Africa region.  Dr. Muigua is a foremost ADR Scholar and Academic having written his PhD Thesis on Mediation. Dr. Kariuki Muigua served as the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch) from 2012 to 2015 and is the Africa Trustee of the Chartered Institute of Arbitrators from 2019. He was also awarded the coveted ADR Practitioner of the Year Award 2021 by the Nairobi Law Society at the Nairobi  Legal Awards and ADR Publisher of the Year 2021 by the CIArb (Kenya).

Dr. Muigua is a Member of the Nairobi Centre of International Arbitration Faculty, is an Accredited Tutor of the Chartered Institute of Arbitrators (Kenya Branch) and also teaches International Commercial Arbitration at the University of Nairobi both at undergraduate and postgraduate level and is the author of leading ADR Text Books including “Settling Disputes Through Arbitration in Kenya”, “Resolving Conflicts through Mediation in Kenya” and “Alternative Dispute Resolution and Access to Justice in Kenya. Dr Muigua is also the Editor in Chief of the Leading ADR Peer-Reviewed Journals in East Africa, namely, Alternative Dispute Resolution Journal (Official Journal of the CIArb Kenya) and the Journal of Conflict Management and Sustainable Development (JCMSD). He is also the winner of the ADR Publication of the Year Award 2021.

Relevant Education and Qualifications on Arbitration

• Chartered Arbitrator 2015.
• Accredited/Certified Professional Mediator (MTI) 2015.
• Fellow of the Chartered Institute of Arbitrators (FCIArb), 2012.
• University of Nairobi, Ph.D., 2011. Thesis titled “Resolving Environmental Conflicts in Kenya through Mediation”
• Module 4 Arbitration – October 2010.
• M., 2005 specializing in Environmental Law and Natural Resource Conflicts/Dispute Resolution and studied advanced course on International Commercial Arbitration
• Member of the Chartered Institute of Arbitrators (MCIArb), 2002.
• Advocate of High Court of Kenya, 1989.

Work Highlights, Recognitions and Memberships on Arbitration

• ADR Practitioner of the Year in Kenya 2021.
• ADR Publication of the Year 2021
• CIArb (Kenya) Inaugural Lifetime Achievement Award 2021
• Regional Trustee for Africa, Chartered Institute of Arbitrators (CIArb) Board of Trustees.
• Member National Steering Committee for Formulation of the Alternative Dispute Resolution Policy (Government of Kenya), 2020
• Senior Lecturer, School of Law, University of Nairobi, International Commercial Arbitration;
• Senior Partner, Kariuki Muigua & Co. Advocates specializing in, among others, Alternative Dispute Resolution, Arbitration and Mediation.
• Tutor, Chartered Institute of Arbitrators-Kenya Teaching and researching Alternative Dispute Resolution Methods at all levels, namely: entry level, Associate level, Member level and fast-track to fellow level.
• Awardee, Chartered Institute of Arbitrators Chairman’s medal, with citation for exemplary service, December, 2015.
• Chartered Arbitrator of the Chartered Institute of Arbitrators
• Fellow of the Chartered Institute of Arbitrators (FCIArb)
• Branch Chairman of CIArb-Kenya from 2012 to 2015
• Council of the Chartered Institute of Arbitrators (CIArb) – Kenya chapter.
• Member and past chairperson of the sub-committee on Information Technology (IT), CIArb
• Member of the Legal Committee Chartered Institute of Arbitrators (CIArb) – Kenya chapter
• Member, Meditation Accreditation Committee Panel of Mediators Accredited for Commercial Mediation (The Judiciary, Republic of Kenya).
• Member of London Court of International Arbitration (LCIA) (2002)
• Member, Kigali International Arbitration Centre (KIAC) International Panel of arbitrators.
• Member, Nairobi Centre for International Arbitration (NCIA) Panel of International Arbitrators.
• Member, Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Arbitrators.
• Member, Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Mediators.
• Member (Former) of the National Environment Tribunal (Nominee of the Law Society of Kenya).
• Member of the Law Society of Kenya.

 Key Consultancies and Collaborations in Arbitration and ADR

• Negotiated the partnership with Chartered Institute of Arbitrators UK on GPR 625 (International Commercial Arbitration) for University of Nairobi LLM students to achieve membership status without further tests, 2020 to 2023.
• Consultant for IDLO, Kenya Judiciary & NCIA, Development and Alignment of Legal & Policy Framework with Aim to Deepen ADR for Access to Justice and Commercial Disputes”- January 2018.
• Consultant for the Court of Justice of the Common Market for Eastern and Southern Africa (COMESA Court of Justice) to Review and Revise COMESA Court of Justice Arbitration Rules (2003) – January 2018.
• Consultant for the Commission for the Implementation of the Constitution (CIC), IDLO and the UNDP in preparing a “Report for Review of Policy, Legislation and Administrative Structures on Access to Justice: Existing Gaps and Proposed Reforms to Align with the Constitution”- 2015.
• Consultant by the KENYA LAND ALLIANCE in preparing a “Review and Analysis of its draft ADR guide and Training Manual to offer guidance in resolution of land disputes”- August, 2013.

 Books and Book Chapters Published on Arbitration and ADR

• Muigua, K., Settling Disputes through Arbitration in Kenya, 3^rd, Glenwood Publishers, Nairobi – 2017.
• Muigua, K., Alternative Dispute Resolution and Access to Justice in Kenya, Glenwood Publishers, Nairobi – 2015.
• Muigua, K., Resolving Conflicts through Mediation in Kenya, Glenwood Publishers, Nairobi – 2013.
• Muigua, K., Settling Disputes through Arbitration in Kenya, Glenwood Publishers, Nairobi – 2012.
• Muigua, K., Book Chapter: ‘Effectiveness of Arbitration Institutions in East Africa,’ in Onyema, E. (ed), The Transformation of Arbitration in Africa: The Role of Arbitral Institutions, (Kluwer Law International, The Netherlands, 2016).
• Muigua, K., Book Chapter: Chapter 24: ‘Dispute Resolution Mechanisms for Environmental Governance,’ in Prof. Patricia Kameri-Mbote and Dr. Robert Kibugi (eds), Environmental Governance in Kenya: Implementing the Constitutional Framework, – 2020).

 Journal Articles Published in Arbitration and ADR

• Abwunza, Allan A., Titus K. Peter, and Kariuki Muigua, “Explaining the Efffectiveness of Construction Arbitration: An Organizational Justice Perspective,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Volume 13, Issue 3 (2021)
• Muigua, K., Managing Governance Conflicts Through Alternative Dispute Resolution in Kenya, Governance Journal, Volume 1, Issue 2, 2020, pp 91-106.
• Muigua, K., Arbitration Law and the Right of Appeal in Kenya, Alternative Dispute Resolution, Volume 9, No 2, (2021), pp. 21-43.
• Muigua, K., Looking Into the Future: Making Kenya a Preferred Seat for International Arbitration, Alternative Dispute Resolution, Volume 9, No 1, (2021), pp. 1-51.
• Muigua, K., Africa’s Role in the Reform of International Investment Law and the Investor State Dispute Settlement (ISDS) System, Journal of Conflict Management and Sustainable Development, Volume 5, No 1, (September, 2020).
• Muigua, K., ‘Promoting Sports Arbitration in Kenya,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Volume 8, No 1, (2020), pp. 1-30.
• Muigua, K., ‘Enhancing the Court Annexed Mediation Environment in Kanya,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Volume 8, No 2, (2020), pp. 20-40.
• Abwunza, Allan A., Titus K. Peter, and Kariuki Muigua, “Explaining Delays in Construction Arbitration: A Process-Control Model Approach,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, Volume 12, Issue 2 (May 2020).
• Muigua, K., Enhancing the Court Annexed Mediation Environment in Kenya, Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, 9 (1) (July, 2020).
• Muigua, K., The Singapore Convention on International Settlement Agreements Resulting from Mediation: Challenges and Prospects for African States, Volume 4, No 3, (May, 2020).
• Abwunza, Allan A., Titus K. Peter, and Kariuki Muigua, “Effectiveness of Arbitration in Contractual Disputes: Tension between Procedural Efficiency and Award Quality,” Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 11, No. 2 (2019): 04519003.
• Muigua, K. & Ombati, J., ‘Achieving expeditious Justice: Harnessing Technology for Cost Effective International Commercial Arbitral Proceedings,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, 7(1):1-32, (April, 2019).
• Muigua, K., ‘Making Mediation Work for all: Understanding the Mediation Process,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, 7(1):120-141, (April, 2019).
• Muigua, K., ‘Promoting International Commercial Arbitration in Africa,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Volume 5, No 2, (2017), pp. 1-27.
• Muigua, K., ‘Legitimising Alternative Dispute Resolution in Kenya: Towards a Policy and Legal Framework,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Volume 5, No 1, (2017), pp. 74-104.
• Muigua K., “The Lawyer as a Negotiator, Mediator and Peacemaker in Kenya,” Law Society of Kenya Journal, Vol. 12, No. 2, 2016, pp. 39-66.
• Muigua, K., ‘Constitutional Supremacy over Arbitration in Kenya,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Volume 4, No 1, (2016), pp. 100-131.
• Muigua, K., ‘Effective Management of Commercial Disputes: Opportunities for the Nairobi Centre for International Arbitration,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Vol. 4, No 1, (2016), pp. 155-180.
• Muigua, K., ‘Building Legal Bridges: Fostering Eastern Africa Integration through Commercial Arbitration,’ Chartered Institute of Arbitrators (Kenya), Alternative Dispute Resolution, Vol. 3, No 1, (2015), pp.45-87.
• Muigua, K., ‘Effective Justice for Kenyans: is ADR Really Alternative?’ The Law Society of Kenya Journal, Vol. II, 2015, No. 1, pp. 49-62.
• Muigua, K., ‘Role of the Court Under Arbitration Act 1995: Court intervention before, pending and after Arbitration in Kenya,’ Kenya Law Review Journal, 2008-2010.

 Presentation, Papers and Seminars Made on Arbitration

• Muigua, K., Arbitration Law and the Right of Appeal in Kenya, A Paper presented at the Law Society of Kenya Continuing Professional Development Webinar on Arbitration held on 13th November 2020.
• Muigua, K., Adopting the Singapore Convention in Kenya: Insight and Analysis, Working Paper for the Singapore Convention Webinar Held on 19th August 2020.
• Muigua, K., Virtual Arbitration Amidst COVID-19: Efficacy and Checklist for Best Practices, A Discussion Paper for the Chartered Institute of Arbitrators Kenya Branch (CIArb-K) Webinar ADR Talk Series 8 held on 28thMay 2020.
• Muigua, K., Promoting Sports Arbitration in Africa, a discussion Paper for the Chartered Institute of Arbitrators (Kenya Branch) 2nd annual lecture on the theme ‘Promoting Sports Arbitration in Africa’ held on Thursday 28th November, 2019 in Nairobi, Kenya.
• Muigua, K., Negotiating Dispute Settlement terms in Bilateral Investment Treaties (BITS) and Economic Partnership Agreements (EPAs), Paper Presented at the Nairobi International Arbitration Conference, held at the Intercontinental Hotel, Nairobi-Kenya, on 4th – 6th December, 2016.
• Muigua, K., Reawakening Arbitral Institutions for Development of Arbitration; Arbitration Institutions in Africa Conference, 2015, Addis Ababa, Ethiopia. Theme: The Role of Arbitration Institutions in the Development of Arbitration in Africa.
• Muigua, K., Building Legal Bridges: Fostering Eastern Africa Integration through Commercial Arbitration, Paper presented, at the 3rd Annual East Africa International Arbitration Conference 2015 held on 9th and 10th April, 2015 at Hyatt Regency Hotel, Dar Es Salaam-Tanzania.
• Muigua, K., ADR: The Road to Justice in Kenya, Chartered Institute of Arbitrators-Kenya Branch International Arbitration Conference, Conference held on 7th & 8th August, 2014 at Sarova Whitesands Hotel, Mombasa, Kenya.
• East Africa International Arbitration Conference Muigua, K., Promoting International Commercial Arbitration in Africa, the East Africa International Arbitration Conference, held on 28-29 July 2014, at Fairmont the Norfolk, Nairobi.
• Muigua, K., Making East Africa a Hub for International Commercial Arbitration: A Critical Examination of the State of the Legal and Institutional Framework Governing Arbitration in Kenya, Kigali Arbitration Centre (KIAC), Arbitration workshop for EAC region 24th -25th May 2013.
• Muigua, K., Overview of Arbitration and Mediation in Kenya, Stakeholder’s Forum on Establishment of Alternative Dispute Resolution (ADR) Mechanisms for Labour Relations in Kenya, held at the Kenyatta International Conference Centre, Nairobi, on 4th – 6 th May, 2011.

Research and Scholarship Supervised on Arbitration

• Allan A. Abwunza, Developing A Framework For Effective Arbitration Of Contractual Disputes In The Construction Industry of Kenya,’ Jomo Kenyatta University of Agriculture & Technology. (Completed PhD Thesis)
• Sikuta Moses, The Implications of Public Policy Considerations in the Enforcement of International Arbitral Awards in Kenya (Ongoing PhD Thesis)
• Jimmy Winny Mwende, A Critique of Section 6 of the Arbitration Act’, University of Nairobi. 2014 (Completed LLM Thesis).
• Ajima Daisy Owuor, Making Kenya a Hub for Arbitration of International Financial Services Disputes’, University of Nairobi. 2014 (Completed LLM Thesis).
• Gad Gathu, A Critique of Kenyan Judiciary’s Capacity for Enforcement of International Commercial Arbitration Awards, University of Nairobi. 2015 (Completed LLM Thesis).
• Edel Njoki Michuki, Arbitration Practice and Access to Justice in Kenya, University of Nairobi, 2015 (Completed LLM Thesis).
• Kilonzo Kituku, Facilitating International Arbitration in Kenya’, University of Nairobi (Completed LLM Thesis).
• Anne Wanjiru Mwangi, A Critique of the Contribution of International Commercial Arbitration Toward the Realisation of the Right of Access to Justice in Kenya (Completed LLM Thesis).
• George Gilbert Otieno, A Critique of Arbitration Clauses/Agreement in Employment Contracts. (Completed LLM Thesis).
• James Ndungu Njuguna, Arbitration as a Tool for Management of Natural Resource and Community Land Conflicts in Kenya. (Completed LLM Thesis).
• Peter Mwangi Muriithi, The Place of International Arbitration in East Africa: A Case Study of the Effectiveness of the East African Court of Justice as an International Arbitral Tribunal (Completed LLM Thesis).

Conclusion

Dr. Kariuki Muigui, PhD is one of Africa’s foremost Arbitrators and ADR experts and has handled dozens of arbitration matters and disputes as a member of tribunals and panels and as counsel for parties. He is a leader in arbitration scholarship and edits several journals and periodicals in the area to promote research in dispute resolution and conflict management. As the African Regional Trustee of Chartered Institute of Arbitrators, he is at the forefront in promoting adoption of arbitration as the preferred mode of dispute resolution especially by young professionals and businesses. Recently, he sponsored Dr. Kariuki Muigua Annual ADR Essay Award to encourage university students to research, study and write on ADR and Arbitration in Africa.