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Review of Journal of Conflict Management and Sustainable Development, Volume 8, No.4



The latest issue of the Journal of Conflict Management and Sustainable Development, Volume 8, No.4 is a demonstration of commitment of the editorial team led by Africa’s leading environmental law scholar and sustainable development expert Dr. Kariuki Muigua, PhD towards spearheading scholarly discourse on the themes of Conflict Management and Sustainable Development. Since it was launched, the Journal has continued to grow as a key academic resource in the fields of Conflict Management, Sustainable Development and related fields of knowledge and is now one of the most cited and authoritative publications in the fields of Conflict Management and Sustainable Development. The Issue covers broad themes including Clean Energy, Military Law and Civilian Protection in War, Investment Treaties and Arbitration, Environmental Management and Conservation, Electoral Dispute Resolution (EDR), Refugee Law, Water Policy and Universal Health Coverage.

In “Transitioning from Fossil Fuel-Based Transport to Clean Energy Vehicles in Africa: Challenges and Prospects,” Dr. Kariuki Muigua notes that while Sustainable Development Goal 7 captures the commitments of nations in moving the world towards cleaner energy technologies, one of the greatest threats to this transition is the transport sector especially in Africa which contributes a lot to air pollution as it still relies heavily on fossil fuel which contribute heavily to greenhouse gas emissions. He argues that if Africa is to keep up with the rest of the world in the clean energy transition, then it is the high time that it invested in electric vehicles in order to address the challenge of fossil fuel pollution sources.

In “Civilian Protection in War; An Insurmountable Task? Prohibited & Legally Permissible Conduct During Hostilities,” Dr. Kenneth Wyne Mutuma and Daniel Mutunga Nzeki seek to examine the current international legal framework on protection of the lives and property of non-combatants. The paper proffers a conceptual and contextual analysis of armed conflict in general and also discusses the key players in an armed conflict, such as the armed forces, combatants and non-combatants. Further, the paper conceptualizes International Humanitarian Law, (IHL), as the basis of civilian protection during armed conflict, in an attempt to justify the protective principle, compounded by the principle of distinction.

Dr. Muthomi Thiankolu in “Investment Treaties and the Arbitrability of Illegal Contracts: A Review of the Arbitral Award World Duty Free Company Limited Versus the Republic of Kenya,” examines the arbitral award in ICSID Case No. ARB/00/7: WORLD DUTY FREE Company Limited versus the Republic of Kenya (‘the WDF case’), in which illegality, arbitrability and many other issues arose. The article examines the applicability of international law to an investment contract where the parties have chosen a particular national law within the meaning of Article 42 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other states (‘the ICSID Convention). The essay also examines whether an assignee or successor in the title can invoke an arbitration agreement signed by its predecessor.

In “Charting a New Path for Environmental Management and Conservation in Kenya,” Dr. Kariuki Muigua offers some practical recommendations on how Kenya can actualize the current progressive constitutional and statutory provisions that are meant to drive the country towards achieving the sustainable development agenda as well as improving the lives of communities in a way that makes them meaning players in the game of environmental management and conservation. The paper draws from the best practices internationally and while it acknowledges the uniqueness of Kenya’s socio-economic context, the recommendations are broad enough to take care of the needs of all stakeholders.

Hon Dr. Wilfred Akhonya Mutubwa and Rosemary Kamathi in “The Law and Emerging Jurisprudence on the Jurisdiction of Political Parties Dispute Tribunal (PPDT) of Kenya,” reflect on the evolution of the pre-election dispute resolution jurisdiction of the Political Parties Disputes Tribunal (PPDT) in the last decade from 2011 to 2021. It reviews the challenges, prospects and problems that have faced the PPDT over the year as it grew from a five (5) member body to the twenty-five (25) member quasi-judicial body it is today. The efforts by the Tribunal and the Courts to carve and demarcate its mandate and jurisdiction are reflected upon as well as the legislative interventions that appear to come up in every election season to expand the jurisdiction as well as the membership of the Tribunal.

Leah Aoko in the paper “An Analysis of the Right of Refugees to Access Public and Private Services in Kenya,” discusses the right of refugees to access public and private services in Kenya. It explores this right against the international, regional and national obligations in handling refugee affairs. The article discusses the situational analysis on access of public and private services for refugees in Kenya and provides recommendations to the foregoing situational analysis in access of public and private services for refugees in Kenya. The paper concludes by emphasizing the urgent need of refugees to access public and private services as this is crucial to their socio-economic integration.

Berita Musau in “Managing Water Scarcity in Kajiado County,” notes that Kajiado County is classified as an acute water scarce region due to its low access to water both for domestic and agricultural use. Water access in the county still remains low. The lack of water supply from the county government has led to privatization of the resource and consequently immense exploitation of residents by private water vendors and cartels. Furthermore, the county government has no policy that regulates water resource management, worsening the already bad situation. The paper therefore seeks to fill that gap and propose a policy for managing water scarcity in the county.

In “Military Siege: A Contemporary Analysis of its Effects on Civilian Protection During Armed Conflict,” Daniel Mutunga Nzeki undertakes a surgical review of the different sets of rules and principles of International Humanitarian Law that are relevant to military sieges. The paper argues that it is not prohibited under IHL to attack military objectives within a besieged area, provided such attacks are carried out in conformity with the principles of: distinction; proportionality; precautions, among other fundamental IHL principles. The paper concludes by making recommendations on the best practices aimed at the protection of civilians during a military encirclement.

Oseko Louis D Obure in “Accountability – The Bloodline of Universal Health Coverage argues that accountability in health sector is three-pronged. To begin with, accountability under health is about who is to be held accountable; that is, the responsible parties. Second, it entails the domains under which one can be held accountable. Lastly, accountability entails the procedures and mechanisms for enforcement mechanisms. Granted, realizing Universal Health Coverage demands the incorporation of accountability. This paper seeks to examine the role and efficacy of the accountability mechanisms in implementing Universal Health Coverage in Kenya.

News & Analysis

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




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

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Brief History of the Permanent Court of Arbitration (PCA)




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

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

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

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

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

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

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


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

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Former KCB Company Secretary Sues Over Unlawful Dismissal




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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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