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 book, Fostering 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 here) is 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.