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Dr. Kariuki Muigua’s Thirteen (13) Books Authored in Ten (10) Years

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Dr. Kariuki Muigua, PhD latest book Embracing Environmental Social and Governance (ESG) Tenets for Sustainable Development (July 2023)

Dr. Kariuki Muigua, PhD, Member of Permanent Court of Arbitration in The Hague representing Republic of Kenya, the African Arbitrator of the Year 2022 Award Winner, the African ADR Practitioner of the Year 2022 Winner, the Africa CIArb Trustee (2019-2022) Emeritus, CIArb (Kenya) ADR Lifetime Achievement Award Winner 2021 and Law Society of Kenya ADR Practitioner of the Year 2021 has over the years distinguished himself as the leading environmental law scholar and expert across Africa specializing in Dispute Resolution, Environmental Justice, Sustainable Development and Natural Resources Conflict Management. He is highly esteemed around the world as a scholar, academic, author, dispute resolution expert, mentor and consultant. Dr. Muigua is also recognized as one of Kenya’s leading lawyers and ADR experts and is ranked by the Chambers Global Guide 2021 among the top 6 Arbitrators in Kenya. He is an Advocate of over 30 years standing and the Managing Partner of Kariuki Muigua & Company Advocates.

Dr. Muigua is an avid researcher in Environmental Law, Alternative Dispute resolution and Sustainable Development. He has published more than hundred articles published in leading peer-reviewed journals cited widely in research and scholarship. He is also the Founder and Editor in Chief of the Journal of Conflict Management and Sustainable Development, the leading Environmental Law Journal in Africa. In addition, Dr. Muigua is the Editor-in-Chief of the Alternative Dispute Resolution, the Official Journal of the Chartered Institute of Arbitrators (Kenya Branch), voted the leading Arbitration Publication in Africa in 2020 in the Africa Arbitration Awards (AAA).

From 2013 to date (in 10 years), Dr. Kariuki Muigua has authored the following dozen books on Environmental Law, Sustainable Development, Alternative Dispute Resolution and Conflict Management. Dr. Kariuki Muigua’s most recent book is “Embracing Environmental Social and Governance (ESG) Tenets for Sustainable Development” by Glenwood Publishers at Nairobi in July 2023. He defines ESG as referring to a model through which corporations and investors integrate Environment, Social and Governance tenets into business models. At the same time, he adopts the definition of Sustainable Development engendered in the Environmental Management and Coordination Act (EMCA) of the Republic of Kenya as ‘that development that meets the needs of the present generations without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems’. The book underscores that National laws such as the Constitution of Kenya capture ESG by enshrining National values and principles of governance such as Social Justice, good governance and Sustainable Development.

The Book Realizing True Sustainable Development (2023) discusses several strategies that may be used to achieve the Sustainable Development Goals (SDGs), depending on the diverse situations, the intended outcomes, and the players involved. The book also covers the two-pronged promotion of the idea of green arbitration to advance environmental sustainability while attaining sustainable justice. The book also proposes practical reforms that may be taken into account in order to increase the efficacy of EMCA in ensuring that Kenya meets its objectives for the Sustainable Development Agenda.

The Book Accessing Justice through ADR (2022) contains a collection of independent articles on Alternative Dispute Resolution (ADR) and Access to Justice written over time, some published as journal articles and book chapters. The book builds on the thesis that Alternative Dispute Resolution has also been described as Appropriate Dispute Resolution. The publication was necessitated by the need to consolidate the author’s work in ADR and access to justice to make it easy for the general readers, scholars, judges and academics to access. The various articles seek to link ADR Mechanisms with the quest for justice and makes a contribution to the debate whether ADR is really ‘alternative’ or ‘appropriate’ in the African context.

The book, “Nurturing our Environment for a Green Tomorrow (2022)” is considered as a sequel to the collection of papers on Environmental Justice in Kenya and the world at large, namely, “Attaining Environmental Justice for Posterity”, available in two volumes as outlined below.  In this third book, which can be considered Volume Three, Dr. Muigua presents more independent papers under the theme “Nurturing our Environment for a Green Tomorrow.”  The emphasis across the board is in this book is the duty to nurture and foster our Environment for the current and future generations and in order to achieve Sustainable Development.

The two-volume Attaining Environmental Justice for Posterity Volume 1 and Volume 2 (2022) entail a collection of papers on Environmental Justice in Kenya and Africa. Some of the papers have been published in peer-reviewed Journals and book chapters. The first volume entails 969 Pages of 55 articles which address various issues relevant to environmental justice in Kenya and beyond. The second volume entails 993 pages of articles and papers addressing issues relevant to environmental justice but that are relevant to environmental governance including role of the law, devolution, environmental liability, Africa’s Agenda 2063 and enhancing benefits of natural resources exploitation among others.

The book Exploring Conflict Management in Environmental Matters (2022) is an invaluable addition to the existing environmental conflict management literature. The book acknowledges the relationship between conflicts and environment and, informed by the need to address the adverse effects of conflicts on environmental matters, explores the link between conflict management and environmental governance highlighting the attendant challenges and suggesting practical recommendations towards addressing them.

In the bookFostering Environmental Democracy and Biodiversity Conservation (2021) covers the thematic issues of Environmental Democracy, Biodiversity Conservation and Human Rights that are mostly dependent on the health of the environment for their fulfillment, Social Justice, and procedural and substantive rights in matters of biodiversity conservation, among others. Dr. Muigua also discusses select natural resources that are most relevant to biodiversity conservation and are key in achieving certain human rights including water resources, land and agriculture, forest resources, among others. He threads them to the theme of fostering environmental democracy and biological diversity and makes recommendations on how to ensure human rights of communities and especially their right to public participation in development projects is guaranteed to avoid conflicts and promote environmental conservation and achieve of Sustainable Development Goals (SDGs).

In the book, Achieving Sustainable Development, Peace and Environmental Security(2021), Dr. Kariuki Muigua, PhD makes a very persuasive and well-argued case why Countries all over the world should adopt progressive laws and policies in fostering realization of sustainable development goals and calls for the management of the environment in an effective manner that enhances sustainable development. He presents a blueprint for addressing the challenges and concerns affecting Kenya, the African Continent and the world at large in fostering achievement of sustainable development. The book is largely informed by the emerging issues since 2015 when the United Nations Agenda of Sustainable Development Goals (SDGs) was adopted by states around the world. It highlights the challenges faced in implementing the 2030 Agenda on SDGs and offers numerous recommendations on how to address them in thirteen chapters. The book links various themes with environmental conservation and management to make the case for sustainable development through an integrated approach and realistic progressive laws.

Securing Our Destiny through Effective Management of the Environment (published on 2020) presents a much needed answer to the environment concerns in Kenya by analyzing how effective management of Natural Resources and the Environment in Kenya can be achieved. The book is divided into twelve chapters which advocate for effective management of environmental and natural resources in Kenya. The main running themes in the book include Sustainable Development; Public Participation and inclusivity; Environmental Democracy; Environmental Justice; Indigenous Ecological Knowledge; Social Justice; Environmental Rights; Role of Law in Environmental Management and Governance; Peacebuilding and Entrenching Environmental Rule of Law in Kenya, among others. The book links these themes with environmental conservation and management and argues a case for effective management of the environment through an integrated approach.

Settling Disputes through Arbitration in Kenya, now in its 4th Edition (available for free download hereis the leading textbook on Arbitration in Kenya (and East Africa). The book takes readers through the process of arbitration in a simplified, yet comprehensive manner, analyzing the legislative and policy framework and case law on arbitration in Kenya. As Dr. Kariuki Muigua wrote in his Author’s Note: “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.”

Resolving Conflicts through Mediation in Kenya, now in its 2nd Edition published in 2017, critically explores and articulates the subject of mediation in the Kenyan context. The book illustrates how proper application of mediation as a conflict resolution mechanism can assist Kenyans realize the ideals of access to justice as envisaged in the Constitution of Kenya. The second edition includes aspects such as the implementation of the Court Annexed Mediation Project by the Kenyan Judiciary and the enactment of various statutes encouraging the use of mediation and other ADR mechanisms. The edition contains materials on how best to conceive and implement a mediation program that not only responds to the needs of the people but also achieves the desired goal of enhancing access to justice for all.

The central themes in Nurturing Our Environment for Sustainable Development (2016) revolve around environmental resources management with the aim of achieving sustainable development. It is based on the idea that environment and its natural resources are a heritage that should be managed, conserved and protected not only for the sake of the current generation, but also for future generations. The book argues that due to its critical role in the human, social and economic development of the country, the environment is one of the most important elements necessary for the existence of the human life. Environment affects all the life on earth in various ways, be it directly or indirectly. The environment and the resources therein must be carefully nurtured to make sure that their health is not sacrificed at the altar of national development. Thus, the book explores the various principles that inform the sustainable development approach to environmental protection and conservation.

In Alternative Dispute Resolution and Access to Justice in Kenya (2015), Dr. Kariuki Muigua attempts to offer a better understanding of the relationship between Alternative Dispute Resolution Mechanism (ADR) and Access to Justice, and all its relevant elements, in Kenya. It explores the various aspects and nuances of conflict management and ADR, clarifying all the relevant concepts and the basis of the application of ADR in access to justice, as a means to an end. The book affirms the need to use of ADR and Traditional Dispute Resolution (TDR) as a means facilitating realization of the right of access to justice for the Kenyan people. As a recent review of the book concluded: “This book offers a simple yet deep read on the subject of ADR and Access to Justice in Kenya, especially in light of the current Constitution of Kenya. It is a worthy piece of literary work for students, lecturers, practitioners, policymakers and researchers in the areas of ADR and access to justice in Kenya. Getting yourself a copy is definitely worth it.”

In Natural Resources and Environmental Justice in Kenya (2015), Dr. Muigua and his co-authors Didi Wamukoya and Dr. Francis Kariuki build on the thesis that Natural Resources should not be a source of woe and misery, but should fully benefit humankind and for those who cherish the dream of Environmental Justice for All. The book examines Kenya’s policy, legal and institutional framework relating to the management of natural resources under the Constitution of Kenya 2010. Principles of governance including Environmental Justice, Environmental Democracy, sustainable development and Climate Change are part of the running themes in the text. The authors reiterate the need for public participation, transparency and accountability in the management of the revenue or benefits accruing from natural resources exploitation to foster Environmental Justice. The book seeks to inspire sound management and utilization of natural resources and the push towards Environmental Justice for All.

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Brief Overview of Kenyan Bankruptcy Law

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Bankruptcy refers to the state where a debtor is unable to pay their debts when the debts become due. For a person to be bankrupt there must be an order by the court stating that they are unable to pay their debts.

Who can apply for a bankruptcy order?

Either the debtor or the debtor’s creditor(s) may apply to court for the issuance of bankruptcy Order.

What conditions must be met for the court to issue bankruptcy order?

Where the application for bankruptcy order is made by a debtor, they must satisfy the court that:

  • They are either domiciled in Kenya, personally present in Kenya or three years preceding the date of the application they have been ordinarily resident or carried business in Kenya.
  • Their debt meets the minimum prescribed threshold
  • They have not previously been adjudged bankrupt
  • They are not in the process of being adjudged bankrupt

When the application for bankruptcy order is made by creditor(s), they must satisfy the court that:

  • The debtor is either domiciled in Kenya, personally present in Kenya or three years preceding the date of the application they have been ordinarily resident or carried business in Kenya.
  • The debtor owes them a sum of money equal to or above the prescribed threshold
  • The debt is for a liquidated amount payable to the applicant creditor(s) either immediately or at some certain future time, and is unsecured
  • The debt is one that the debtor appears to be unable to pay or to have no reasonable prospect of being able to pay
  • There is no outstanding application to set aside a statutory demand in respect of the debt
  • They have given a notice of not less than twenty one days seeking payment of debt due immediately and the duration has lapsed without being paid
  • They obtained Judgment, served it on the debtor and after 21 days the decretal sum has not been paid
  • They have served on the debtor a demand requiring the debtor to establish to their satisfaction that there is a reasonable prospect that the debtor will be able to pay a debt payable in future, when it falls due and 21 days have lapsed without the demand being complied with or set aside.

Upon being satisfied that the above conditions have been met, the court issues a bankruptcy Order.

Can court issue a bankruptcy order on an application by secured creditors?

Court can make bankruptcy order on application by secured creditor(s) only when:

  • The application contains a statement by the person having the right to enforce the security that the creditor is willing, in the event of a bankruptcy order being made, to give up the security for the benefit of all the bankrupt’s creditors; OR,
  • The application is expressed not to be made in respect of the secured part of the debt and contains a statement by that person of the estimated value at the date of the application of the security for the secured part of the debt.

Under what circumstances can court dismiss an application for bankruptcy order?

The Court may dismiss an application if it is satisfied that either the debtor is able to pay all of the debtor’s debts; OR—

  • That the debtor has made an offer to secure or compound for a debt in respect of which the application is made
  • That the acceptance of that offer would have required the dismissal of the application; and
  • That the offer has been unreasonably refused.

What are the consequences of a Bankruptcy Order?

  • Where a trustee in bankruptcy has been appointed, the property of the bankrupt vests in the trustee. If no trustee has been appointed, the property of the bankrupt will vest in the Official Receiver to act as the interim trustee.
  • The bankrupt suffers all the disabilities of law for instance: they cannot run for elected positions, they can’t directors of a company, they can’t file suits in their own name, and they can’t enter into contracts.
  • No civil proceedings can be instituted or continued against the bankrupt once the order is made
  • The bankrupt has an obligation to provide a true and accurate account of all his assets, income and liabilities
  • The official receiver is entitled to recover assets that the bankrupt has transferred within two years immediately preceding the bankruptcy.
  • Does not extinguish debts of a bankrupt but only protects them from creditors commencing recovery proceedings without leave of court.

Kiragu Wathuta & Company Advocates was established in 2013 by Mr. Kiragu Wathuta, an Advocate of the High Court of Kenya called to the bar in the year 2009. Our firm is run by an organized team of proffessionals who are highly skilled and widely exposed to diverse areas of law and the industry in general.

We have built a name for PROFESSIONALISM AND EXPERTISE in various disciplines of legal services including but not limited to civil and commercial litigation, conveyance and property matters as well as commercial and corporate law practice.

We provide value-added service in consonance with each individual client’s needs. For our clients, their interests are paramount and the client is our number one priority.

Our Portfolio of Clients is drawn from Property Owners, Developers, Investors and Joint Ventures, Corporate Entities, Financial institutions, Parastatals, Manufacturing Companies, Mortgage Institutions as well as individuals. We continue to endear our services to reach beyond our borders.

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What is Carbon Markets?

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Written by Faith Nyambura Kabora, Advocate.

Carbon markets are a mechanism designed to reduce greenhouse gas emissions which are essentially gases that trap heat in the atmosphere and contribute to the negative impacts of climate change such as prolonged drought and rising of sea levels.

Carbon markets operate on the principle of putting a price on carbon emissions to create commercial/economic incentives for public and private entities to reduce their carbon footprint and invest in cleaner, sustainable practices.

Ideally, by putting a price on carbon, the carbon markets encourage sustainable environmental practices and help counties meet their emission reduction targets under international treaties, like the Paris Agreement, which Kenya is a signatory to. For a broader understanding, here is how a carbon market works;

  1. A Government establishes a limit on the total amount of greenhouse gas emission/pollution is allowed within its geographical limits;
  2. A grant, say permissions are created and distributed to eligible participants. This allowance represents the right to emit a certain amount of greenhouse gas;
  3. The participants can then buy and sell the allowances. Ideally, those who reduce their emissions more efficiently sell their surplus allowance to those who find it more challenging to reduce the emissions. If a company pollutes a lot, they need to buy more permissions, and if they do not pollute as much, they can sell their extra permissions.
  4. Entities are required to hold enough allowances to cover their actual emissions. If they exceed allocated allowances, they face penalties or, as expounded above, they buy additional allowances. This is the part where compliance becomes mandatory for all the key players.
  5. The price of the allowances fluctuates based on supply and demands and reflects the cost of emitting greenhouse gases. It is essentially like paying for pollution.

A carbon market plays a pivotal role in advancing climate action and promoting sustainable practices by incentivizing companies to reconsider their pollution practices, which can result in financial consequences as pollution becomes a costly endeavor. In Kenya, the introduction of a Carbon Market is imperative as the world confronts the dire consequences of climate change. Furthermore, it offers a commercial opportunity for investors considering the growing demand for environmentally friendly and carbon neutral products and services.

As mentioned above, the Paris Agreement is one of the most important international treaties dedicated strengthen global response to the negative impact of climate change. Ultimately, the Agreement’s goal is to motivate countries to limit global emissions and more importantly, to hold them accountable for their actions around reducing their carbon footprints.

Kenya as a signatory to the Paris Agreement has made significant contributions towards fulfilling the obligations under the Paris Agreement of limiting global temperature. The Climate Change (Amendment) Act 2023, nudges Kenya towards the realization of Article 6 of the Paris Agreement by introducing provisions and regulation of and participation in carbon markets.

As one of the top law firms in Nairobi, MMA Advocates is renowned for its proactive strategy and innovative legal lawyer advice. Our firm is committed to delivering strategic assistance that not only tackles current difficulties but also equips clients for future legal trends and advancements. As top lawyers in Nairobi Kenya, we take great satisfaction in our ability to combine in-depth legal knowledge with creative problem-solving. We keep a close eye on business trends and legal advancements to deliver timely guidance that enables our clients to make wise choices.

Our main goal as MMA Advocates is to establish long-lasting partnerships based on integrity, decency, and reliability. Since every client’s circumstance is unique, our best advocates in Kenya offer timely service and individualized attention at every stage of our collaboration. We make sure our clients are informed and empowered throughout their legal journey because we value openness and transparency in communication. In every case we take on, we are deeply committed to obtaining positive results and client satisfaction. This is just one aspect of our unwavering commitment to quality.

Whether you are a startup negotiating regulatory obstacles, an established corporation expanding, or a private citizen seeking legal assistance on personal problems, our Best Corporate Lawyers in Kenya are dedicated to becoming your legal partner. Our expertise include Commercial Litigation, Real Estate & Development, Fintech, Public Procurement (Public Private Partnerships), Project Finance, Public Law Litigation, Legal Audits & Compliance Advisory and Crisis Management.

We hope to arm you with the legal know-how and strategies needed to achieve your objectives. Our team enjoys taking on challenging legal matters with creativity and strategic understanding, protecting your rights and effectively achieving your goals. With a thorough comprehension of both regional laws and global norms, we are prepared to confidently and competently lead you through the complexities of corporate law.

In the intensely competitive legal arena, our tailored legal and strategic solutions distinguish us. We value depth over breadth, guaranteeing our clients our full dedication and unparalleled efficiency. Where many spread themselves wide, we narrow our focus to a select few of the most challenging cases. We tread the path less traveled.

To find out more about how MMA Advocates in Nairobi Kenya can help you with your legal issues, get in touch with us. With our team of committed professionals and our standing as one of the top law firms in Nairobi, we are well-positioned to offer outcomes that surpass expectations and guarantee your success in a legal environment that is always changing.

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Review: Alternative Dispute Resolution (ADR) Journal, Volume 12(3), 2024

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The Alternative Dispute Resolution (ADR) Journal, Volume. 12, No.3, 2024 covers pertinent and emerging issues across all ADR mechanisms. This volume exposes our readers to a variety of salient topics and concerns in ADR including Building Peace in Africa, Public Policy as a Ground of Setting-Aside an Arbitral Award, Ethics, Integrity and Best Practice in Mediation, Accessing Justice in Kenya, Sports Arbitration, ESG Arbitration, Arbitration of Investor-State Dispute in Kenya, Article 159(2) of the Constitution of Kenya 2010 and issuance of interim measures by Arbitral Tribunals. The ADR Journal is a publication of the Chartered Institute of Arbitrators, Kenya Branch. It provides a platform for scholarly debate and in-depth investigations into both theoretical and practical questions in Alternative Dispute Resolution.

The journal is edited by Professor of Law at the University of Nairobi, Faculty of Law Hon Prof. Kariuki Muigua, a distinguished law scholar, an accomplished mediator and arbitrator with a Ph.D. in law from the University of Nairobi and widespread training and experience in both international and national commercial arbitration and mediation. Prof. Muigua is a Fellow of Chartered Institute of Arbitrators (CIArb)- Kenya chapter and also a Chartered Arbitrator. He is a member of the Permanent Court of Arbitration, The Hague. He also serves as a member of the National Environment Tribunal. He has served as the Chartered Institute of Arbitrator’s (CIArb- UK) Regional Trustee for Africa from 2019 -2022.

In the paper “Building Peace in Africa through Alternative Dispute Resolution”  Hon. Prof. Kariuki Muigua critically discusses the role of Alternative Dispute Resolution (ADR) mechanisms in peace building in Africa. The paper argues that ADR mechanisms can play a fundamental role in building peace in Africa. The paper further posits that ADR mechanisms are able to enhance sustainable peace in Africa due to their focus on reconciliation and restorative justice. It proposes solutions towards building peace in Africa through ADR.

In “the Emergence of the International Commercial Court: A Threat to Arbitration of Investor-State Dispute in Kenya” Marion Injendi Wasike and Dr. Kenneth W. Mutuma argue that the proliferation of international commercial courts, including their introduction in Kenya, necessitates a thorough analysis of their implications on arbitration’s role in investor-state disputes. By juxtaposing these emerging judicial entities against traditional arbitration paradigms, the discussion aims to unravel the complexities and potential shifts in dispute resolution preferences, highlighting the balance between innovation in legal adjudication and the sustenance of arbitration’s revered position in the international legal order.

Kamau Karori SC, MBS in “Striking a Balance: A Delicate Dance Between Sanctity and Scrutiny” notes that the continuing debate —between upholding the inviolability of arbitral awards and judicial intervention in cases of egregious injustice points to the need for delicate balancing between non-interference and the need to correct unmistakably unjust awards. The urgency of this discourse is informed by the need to prevent consumers or potential consumers of arbitration services opting to exclude arbitration clauses due to perceived deficiencies. The article seeks to navigate the genesis of the debate, delicately dissect the different perspectives, and draw comparisons with global practices.

The article “Reforming Kenya’s Law on Probation and Aftercare Services to Promote Alternative Dispute Resolution” by Michael Sang engages in a comprehensive exploration of Kenya’s Probation of Offenders Act within the context of the growing role of Alternative Dispute Resolution (ADR) principles in the nation’s criminal justice system. Drawing inspiration from international legal instruments such as “The Beijing Rules,” “Bangkok Rules,” and “Tokyo Rules,” the study evaluates the Act’s provisions, strengths, and limitations. It concludes with a call for thoughtful reforms that align Kenya’s criminal justice system with international standards, emphasizing a balanced and compassionate approach to justice.

The “Upholding Ethics, Integrity and Best Practice in Mediation” by Hon. Prof. Kariuki Muigua, OGW critically discusses the need for standardization of mediation practice in Kenya by adopting best practices. It examines some of the challenges facing mediation practice in Kenya. It is also explores measures adopted towards fostering best practices in mediation at both the global and national level. The paper further suggests recommendations aimed at upholding ethics, integrity and best practice in mediation. In “Exploring the Role of Mediation in Promoting Small and Medium Enterprises (SMEs) and Fostering Economic Growth in Kenya” Atundo Wambare offers an in-depth analysis of the use of mediation in promoting the growth of small and medium enterprises (SME’s). He makes recommendations on how best mediation can be harnessed as a tool for economic growth in Kenya.

James Njuguna and Nyamboga George Nyanaro in “Compulsory Resolution or Autonomy Erosion? The Debate on Mandatory Sports Arbitration delve into the contentious issue of mandatory sports arbitration, questioning its role as a potential future pathway for dispute resolution. Their research examines the implications of compulsory arbitration on athletes’ autonomy, juxtaposing it with the benefits of expedited dispute resolution.

Paul Ngotho in “Constitution of Kenya 2010 Article 159.2.(c): Ancestry, Anatomy, Efficacy & Legacy” traces the rather odd origin and everlasting effect of the often-cited Article 159.2.(c) of the Constitution of Kenya 2010. It acknowledges the central role played by two members of the Chartered Institute of Arbitrators Kenya Branch, quietly and privately, away from the mainstream constitution making process. One of them chairman of the Branch, the other the Minister of Justice, National Cohesion and Constitutional Affairs.

David Onsare in “Navigating The ESG Maze: Emerging Trends in Arbitration and Corporate Accountability” embarks on a timely exploration of the dynamic interplay between Environmental, Social and Governance (ESG) factors and arbitration, a field gaining critical importance in the realm of corporate accountability. By offering a comprehensive view of the complexities and practical implications of ESG in arbitration, the article serves as a crucial guide for legal professionals navigating the evolving landscape of corporate responsibility and arbitration. In “Public Policy as a Ground of Setting-Aside an Arbitral Award: Musings on the Centurion Engineers Civil Appeal Judgment”

Ibrahim Kitoo argues a case for upholding of public policy as a ground for the nonrecognition, non-enforcement and setting aside of an arbitral award in cases where to recognise and enforce such awards proves to be a clear violation of the law and against the public good. Juvenalis Ngowi in “Arbitral Tribunals: Do they have the power to issue interim measures during the proceedings?” discusses the powers of the Arbitral Tribunal to grant such orders and examines some procedural rules which empower arbitrators to issue such orders, the scope of those powers, and the factors to be considered when granting interim measures in the arbitral proceedings.

In “Examining the Efficacy of Mediation as A Tool for Accessing Justice in Kenya: Opportunities, Challenges, and Future Perspectives” Murithi Antony undertakes a thorough examination of mediation as a form of ADR in the Kenyan context. He identifies opportunities arising from the integration of mediation into the country’s legal system and explores barriers impeding its widespread adoption. The article concludes with a resounding call to action for all stakeholders to champion the use of mediation collaboratively and proactively, given its proven efficacy in dispute resolution.

Kariuki Muigua & Company Advocates is a Top-Tier Kenyan law firm situated at the heart of Nairobi city in Kenya. We are a broad-based practice with a reputation for offering a full range of quality services to our domestic and international clients.

At KM&CO, we take pride in offering personalized attention to our diverse clientele. Our practice aspires to offer efficient and cost-effective legal solutions that meet our esteemed clients’ needs in a timely and competent manner.

KM&CO was founded in 1993 by the current senior Advocate, Dr. Kariuki Muigua. It is based in the Central Business District of Nairobi at the Pioneer Assurance House located opposite 7th August Bomb Blast Memorial Park enjoying the convenience of close proximity to major financial, commercial and governmental institutions.

We are open for consultations with our clients worldwide; we have lawyers on standby for 24 hours to cover diverse time zones that impact on our global clients.

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