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Dr. Kariuki Muigua and Environmental Dispute Resolution Mandate of PCA

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One of Dr. Kariuki Muigua's Recent Environmental Law Books: Nurturing Our Environment for a Green Tomorrow (2023)

Dr. Kariuki Muigua stands out as one of the most distinguished environmental law scholars in Africa and one of the foremost experts in Environmental law, environmental justice, sustainable development and natural resources conflict management in the World today. As a specialist scholar in environmental law and natural resources conflicts management and disputes resolution, Dr. Kariuki Muigua is highly esteemed by many in environmental law and conflict management circles as a scholar, academic, author, dispute resolution expert, mentor and consultant. He is one of the few holders of specialist PhD in Environmental Dispute Resolution which will come handy as he set to play a great role in arbitration of natural resources and environmental disputes under the auspices of the Permanent Court of Arbitration as a member of the premier global dispute resolution body nominated by the Republic of Kenya.

The Permanent Court of Arbitration has developed Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment that provide for the establishment of a specialized list of arbitrators who are considered to have expertise in the area of Environmental and Natural Resources Dispute Resolution, the specialist area of expertise of Dr. Kariuki Muigua, PhD having handled numerous international Environmental, Oil and gas/Extractives Disputes Arbitrations and Mediations around the World as a Member of ICC, CIArb and LCIA Panels. The Rules also provide for the establishment of a list of scientific and technical experts who may be appointed as expert witnesses pursuant to these Rules. The Members of the Court need not be listed in the Natural Resources and/or the Environment Disputes Resolution List as Parties to such disputes have discretion to also choose from arbitrators listed as Members of the PCA. In any case, parties to a dispute may, but are not obliged to, choose arbitrators, conciliators and expert witnesses from these Panels.

In the last decade, Dr. Muigua has earned the esteem and pride of place among leading scholars and experts for his efforts in research and scholarship in the areas of Environmental and Natural Resources Law, Environmental Law Governance, Human Rights and Constitutionalism, Environmental Justice and Conflict Resolution. He has written extensively and is at the forefront in exploring the nexus between environmental law and human rights, Land and natural resource rights, economic law and policy of governments with regard to environmental law and economics. His research in environmental law and conflict management including dozens of refereed journal articles have received hundreds of scholarly citations in the last five (5) years. He has supervised and examined several PhDs on environmental and natural resources law and conflict management as well as more than a dozen Masters of Law and Arts students specializing in environmental law and policy, dispute resolution and conflict management.

As an author in Environmental Law, Dr. Muigua has authored numerous books and leading textbooks in the area of environmental and natural resources law, justice and dispute resolution. In 2023, Dr. Kariuki Muigua has authored two published books on Sustainable Development and Environmental Management, namely, Realizing True Sustainable Development and Nurturing Our Environment for a Green Tomorrow. In addition, Dr. Muigua has contributed over dozen published book chapters in environmental law and dispute resolution in environmental governance.  He has also published dozen of articles in peer-reviewed local, regional and international journals on environmental law, environmental justice, natural resources management, sustainable development and environmental conflicts/disputes resolution. Dr. Muigua is the Founding and Managing Editor of the Journal of Conflict Management and Sustainable Development now in its eight volume after seven (8) years of publication.

Dr. Kariuki Muigua is also an Environmental Consultant, an Accomplished mediator and a Chartered arbitrator who has resolved numerous disputes touching on natural resources and extractives industry. He works with professionals in the environmental field especially in the areas of Environmental Resources and their management through Environmental Impact Assessment (EIA), Strategic Environmental Assessment (SEA), Mediation and Public Participation. He served as a Member of the National Environment Tribunal, the lead statutory adjudication body for environmental disputes in Kenya, from 2017 as Nominee of the Law Society of Kenya. Dr. Muigua has also collaborated extensively with various environmental advocacy groups in Kenya and regionally in the setting up of effective policy, legislative and institutional frameworks for the resolution of environmental conflicts. He is an ardent commentator and contributor to debates on sustainable development goals and has worked closely with many stakeholders in the areas of environmental access to Justice.

Dr. Muigua completed his PhD in Law Thesis a decade ago at the University of Nairobi researching on “Resolving Environmental Conflicts in Kenya through Mediation” focusing on the areas of Public Participation, Mediation and Environmental Democracy. His Masters Dissertation was titled “The Resolution of Natural Resource Conflicts in Kenya through Arbitration and Mediation.” He has received widespread training and experience in both international environmental law and alternative dispute resolution and conflict management over the years. Dr. Muigua teaches environmental law at the University of Nairobi Faculty School of Law, Centre for Advanced Studies in Environmental Law and Policy (CASELAP) and the Wangari Maathai Institute for Peace and Environmental Studies in the University of Nairobi. He has also facilitated seminars on Environmental Conflicts and ADR, Environment and Conflict Prevention and Environmental Impact Assessment and Environmental Audit among others. He has written several consultancy reports on environment and natural resources management whose recommendations are in application in Kenya and beyond.

Lawyers

Irene Kiwool: My Track Record and Call to PACT for Better Nairobi LSK

Irene Kiwool is calling for a PACT towards a Progressive and an All-Inclusive LSK Nairobi Branch Bar.

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Irene Kiwool is running for LSK Nairobi Council Member 2024-2026 on PACK Agenda.

DownloadIrene Kiwool’s Manifesto for Nairobi LSK Council Member 2024-2026(PDF)

WHO IS IRENE KIWOOL?

I am an advocate with 14 years post admission experience and a partner at Muchemi & Co. Advocates. For the past 6 years, my unwavering dedication and commitment to the bar has been evident through active participation on several Nairobi Branch Committees. This engagement has not only sharpened my legal acumen but has also allowed me to make meaningful contributions and impact to our legal community. I believe it is this commitment and dedication to our legal practice that led to my nomination as the Commercial and Conveyancing Practitioner of the Year in 2022 and listed among the Top 100 Real Estate and Finance Lawyers in Kenya in 2023.

WHAT IS MY TRACK RECORD?

Dedicated Leadership and Service

I have served diligently on the following committees:

  • Lands Liaison Committee
  • Commercial Practice Committee
  • ICT and IP (KIPI) Liaison Committee
  • Judicial Review Bar -Bench Committee
  • Devolution and Law Reform Committee
  • Ardhisasa Technical committee

Legal Practice Protection and Reform

I have played a pivotal role in safeguarding the legal practice and spearheading key reforms that support our profession and protecting our bread and butter.  Notable contributions include:

  • The gazettement of the Regulations on Electronic Conveyancing (The Land Registration (Electronic Transactions) Regulations, 2020),
  • The gazettement of The Regulations on Extension and Renewal of Leases (Land Extension and Renewal of Leases) Rules, 20l7.)
  • Development of a comprehensive Conversion Manual, which guides practitioners on the process to convert Land Titles and Deeds issued under the repealed land laws.
  • The manual is available on the Ministry of Lands Website.

Proactive Advocacy for Efficient Systems

I have been at the forefront lobbying and driving for improvements on the Ardhisasa System, to enhance its user-friendliness, responsiveness, efficiency and effectiveness. Through my proactive engagements, we have achieved significant upgrades, unlocked key registrations at the Nairobi Registration Unit and facilitated the development and dissemination of training materials on the use of the Ardhisasa system.

NOTABLE UPGRADES:

  • Filing of Consolidated applications
  • Introduction of a Progress Status bar to track registration status
  • Reduced timelines for the registration of Foreign Accounts
  • Enhanced system functionalities including editing applications
  • Comprehensive upload capabilities for chargee’s covenants, previously limited to 500 words activation of several registration forms conducting
  • Searches without proprietor’s consent through an Advocate account for unconverted or unenumerated properties cleared by Ministry of Lands

UNLOCKED REGISTRATIONS 

  • Long -term leases through the Memorandum of Understanding between Ministry of Lands and LSK
  • Where modules are inactive registration is manual by seeking exemption from the Registrar
  • Manual registration for inactive modules by requesting for an exemption to register through the Chief Land Registrar
  • Transfers by Chargee
  • Deed of Variations of Charges
  • Replacement of lost Titles and reconstruction of the register.

WHY THE PACT AGENDA?

I am committed to honoring the PACT (Protect, Account, Champion and Track), by continuing to serve members, this time as a council member. With your vote, together, we can bring inclusivity, integrity, innovation and impactful change to our resident bar.

PROTECT  

  • Protect members bread and butter by prioritizing practice issues and defend against challenges from whatever source. Develop a proactive stance to anticipate and mitigate risks before they impact our members.
  • Lobby for the establishment of a Practice Forward Committee aimed at monitoring emerging challenges in the legal practice, focusing on the welfare of Advocates, the emerging areas of legal practice and recommending implementable solutions. This initiative would ensure that Advocates are well supported and equipped to navigate the evolving complexities of the legal field.
  • Lobby for creation of an online Nairobi Branch Members Directory that is publicly accessible, allowing Members of the public to easily locate and engage legal counsel thereby increasing visibility and accessibility for our members.
  • Lobby and develop a tracking mechanism to weed out masqueraders and unqualified persons through a justice multi- stakeholder approach

ACCOUNT

  • Advocate for Accountability and Transparency of Branch operations and financial affairs.
  • Lobby for the adoption and implementation of a stakeholder and institutional accountability tool to monitor and enhance service delivery across key partner institutions (the courts; the Land Registration Units, BRS, Ecitizen, KRA, Registrar of persons, Tribunals among other’s). This tool will aim to ensure transparency, responsiveness and efficiency, proactively addressing challenges and optimizing resource utilization Advocate for prudent utilization of Branch funds to maximize the benefits to our members.

CHAMPION

  • Champion and spearhead legal reforms that reflect current needs and future challenges with the aim to strengthen and grow members’ practice.
  • Champion for strategic networking engagements, collaboration and knowledge exchange.
  • Establish dynamic forums and platforms for members to leverage expertise and access valuable resources thus contributing to members individual growth, overall development and innovation within the legal practice.
  • Champion and spearhead the drafting and publication of a comprehensive manual that provides guidance on electronic conveyancing aiming to streamline and enhance conveyancing practice.

TRACK

  • Establish a tracking system to regularly assess the welfare support mechanisms in place, ensuring they effectively contribute to the progression and growth of members.
  • Track the effectiveness of the mentorship program and develop strategic policies to expand the pool of mentors and enhance the quality of mentorship.
  • Lobby for the establishment and implementation of a performance metric’s system to evaluate the efficiency and effectiveness of branch committees. This metrics will be reviewed periodically to foster continuous improvement.

CURRENT ROLES THAT ALIGN WITH THE PACT AGENDA

  1. Member of the Co -ordinating Committee that is tasked with the mandate to co-ordinate the review of the National Land Policy.
  2. Member of the Nairobi Lands Justice Working Group whose mandate is to identify the root causes and address systemic and endemic challenges in the administration of land justice in Nairobi County.
  3. Member at the Lands and Housing Sector Board Committee at KEPSA and public Policy and Advocacy Committee at KPDA.
  4. Member of the Kenya School of Law Mentorship programme.

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Lawyers

Njoki Mboce: I am Members Project for LSK President

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By Njoki Mboce for LSK President 2024-2026 Team

Today, LSK faces an existential threat from those who seek to compromise its mandate by aligning with the regime in ongoing attempts to undermine the place of the Law Society of Kenya (LSK) and erode the Rule of Law. This has the potential to regress the country to a state of impunity and dictatorship reminiscent of the past.

In such turbulent times, the LSK requires a leader who is resolute, decisive, and impartial. Harriet Njoki Mboce is this suitable leader, with a firm reputation, who will speak Truth to power in the face of encroaching dictatorship.

The actions of a candidate are a mirror of who they are, and what they will be in office. If a candidate wants the office at all costs, and abuses members’ trust to get there, they will have no integrity while in office. Harriet Njoki Mboce is unequivocally the LSK Members’ project. Boldly and firmly acting to defend Independence of the BAR, institutions, and the Rule of Law, she has maintained this commitment throughout her campaigns for President of LSK. This offers a strong basis to fearlessly champion members’ interests and protect the BAR from capture by the State and unscrupulous cartels.

Growing up, I dreamt of being a Navy Officer. I never in my wildest dreams imagined that I would one day be seeking the Presidency of an organisation previously led by impeccable names such as SC Gibson Kamau Kuria, SC Pheroze Nowrojee, SC Paul Muite, SC Hon Dr. Willy Mutunga (CJ Emeritus) and SC Raychelle Omamo, among others. It has taken resilience and a high dose of firm, and bold commitment to get here.

LSK requires a leader to withstand the pressure within and without, and to take the heat on behalf of the membership, whenever the Country and the Society’s living tenets come under threat. This resilience as a quality in the President of LSK enables me in a big way to see the wider horizon of the environment we operate in, to prepare for the storms and to boldly and firmly focus and act on our bigger mandate.

Come elections day, 29th February, 2024, I invite members to ask themselves: Which candidate shows real signs that they will not be corrupted, will run an accountable organisation and will sustain the moral and probity to place the LSK on a path of Independence? I humbly seek your vote to bring this desire home. Please vote for the Member’s project, Harriet Njoki Mboce, HSC for President of The Law Society of Kenya (2024-2026)

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Way Forward in Ensuring Just Transition in Climate Justice

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By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*

In order to embrace just transition, it is imperative to build a climate resilient and integrated sustainable energy sector in Africa and other regions which are vulnerable to the impacts of climate change. It has been observed that Africa has rich energy and mineral resources including lithium, graphite, cobalt, nickel, copper, and rare earth minerals all of which provide new market opportunities for the green transition. This coupled with the Continent’s renewable energy potential means that Africa has the capacity to achieve just transition to an equitable and inclusive low-carbon future.

It has correctly been observed that Africa has immense potential for renewable energy including wind, solar, hydro, bioenergy, ocean tidal waves, geothermal among other renewables. It has been pointed out that in order to ensure delivery of global climate change mitigation goals, developing countries will need to drive investment towards building a renewable energy infrastructure that can serve their populations into the future and not drive further climate breakdown.

A just transition promotes the shift towards renewable sources of energy and sustainable practices, reducing the reliance on fossil fuels and mitigating the impacts of climate change. It is therefore important for developing countries to embrace just transition by promoting renewable sources of energy in order to achieve climate justice and energy justice. It is also essential to integrate just transition initiatives in national climate action plans and adaptation plans.

It has been observed that the importance of just transition is increasingly being recognized by governments worldwide as they cite just transition principles in their short- and long-term climate plans known as Nationally Determined Contributions (NDCs) and Long-Term Strategies (LTSs). Embedding just transition strategies within short and long term climate plans like NDCs and LTS, can help governments stay focused on the urgent task at hand of rapid decarbonization, while also striving for fair and inclusive outcomes.

In Kenya, the National Climate Change Action Plan enshrines the principles of just transition and seeks to foster an equitable and inclusive climate response which ensures an electricity supply mix based mainly on renewable energy that is resilient to climate change and promotes energy efficiency; encourage the transition to clean cooking that reduces the demand for biomass; and reduced exposure and vulnerability of the country, and especially of the poor and vulnerable groups, to climate disasters and shocks. It is therefore necessary for countries to incorporate just transition initiatives in their NDCs and LTSs in order to achieve efficient climate outcomes. This will demonstrate commitment towards achieving climate justice while securing public support for ambitious and stronger climate action.

Further, there is need to unlock and align climate finance with the idea of just transition. It has been argued that governments have an obligation to mobilize sustainable, affordable, predictable and long-term finance from public and private, domestic and international sources, and aligning public and private financial flows and public procurement to the objectives of a just transition. According to the UNFCCC, increased climate finance is needed to effectively address the challenges and seize the opportunities of just transitions in country-specific and sector-specific pathways considering the local circumstances.

Climate finance has been identified as a key tool towards fostering climate justice since it recognizes the inequalities between countries with developing countries being the most vulnerable to the effects of climate change and thus requiring financial resources to aid their mitigation and adaptation programmes86. It is therefore imperative for all countries and especially developing countries to unlock climate finance from multiple sources including public, private and multilateral sources in order to achieve just transition by addressing the socio-economic impacts of climate change and addressing climate inequalities more broadly through efficient mitigation and adaptation strategies.

In addition, it is necessary to embrace and enhance technology transfer between developed and developing countries in order to enhance the capacity of the former to later to embrace just transition. It has been pointed out that developing countries have vast renewable potential, but are unable to realize it as long as they are constrained by lack of access to green technologies. Without access to environmentally sound technologies, developing countries in particular least developed countries, will not be able to meet mitigation targets and will be forced to continue using carbon-intensive technologies resulting in climate and sustainability concerns.

Transferring low-carbon and green technologies to those most at risk of climate crisis is critical, among a range of other measures, to ensure that people can respond and adapt to the threat of climate change. Technology transfer can support the climate agenda in developing countries for energy and other sectoral transitions.

The Paris Agreement acknowledges the importance of technology for the implementation of mitigation and adaptation actions and urges countries to promote and facilitate enhanced action on technology development and transfer in order to support the implementation of the Agreement. It is thus pertinent for developed countries to promote transfer of low-carbon technologies including green technologies in developing countries in order to support climate action in such countries.

Developing countries should on the other hand remove barriers to green technology transfer including Intellectual Property barriers and revise bilateral and multilateral trade agreements that present a barrier to transfer initiatives. Finally, there is need to foster capacity building in order to effectively realize just transition. One of the key challenges in achieving climate justice through just transition has been identified to be inadequate national capacity on just transition initiatives.

Capacity building can strengthen individual and institutional capacities on just transition in key areas such as policymaking, cross-sectoral coordination, and stakeholder participation. It can further enhance the ability of the public to be involved in key decisions in the journey towards just transition. It has been pointed out that participation and engagement are crucial for achieving just sustainability transitions.

Capacity building is therefore integral in achieving just transition. It is thus necessary for all countries and especially developing states to strengthen their legal, institutional, technical, human, social and financial capacity in order to embrace just transition. The above among other measures are necessary in order to achieve equitable and inclusive just transition towards climate justice.

*This is an extract from the Book: Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) by Hon. Prof.  Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.

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