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What is Next for Dr. Kariuki Muigua’s Legal Career?

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Dr. Kariuki Muigua, Member of Permanent Court of Arbitration (PCA) Representing the Republic of Kenya

The World recognizes Dr. Kariuki Muigua as a leading Environmental Law, Governance and Dispute Resolution Scholar as evidenced by his recent nomination as Member of the Permanent Court of Arbitration. The appointment of Dr. Kariuki Muigua as Member of PCA is proof of his “known competency in questions of international law” and his “highest moral reputation.” At the same time, Africa as a Continent has recognized Dr. Kariuki Muigua as a leading Environmental Law and Dispute Resolution Practitioner as confirmed by his award of both African Arbitrator of the Year 2022 and African ADR Practitioner of the Year 2022 for his exploits in ADR and especially in handling Environmental and Natural Resources Disputes. At the National Level, Dr. Kariuki Muigua has scooped lifetime awards both for excellence as ADR Practitioner and as a Member of the National Environmental Tribunal, the leading tribunal by number of decisions made in Kenya.

The question, then is, what is next for Dr. Kariuki Muigua? As a Member of the Permanent Court of Arbitration, Dr. Kariuki Muigua is in the distinguished company of not less than 80 Professors of Law, Current and Former Chief Justices, Current and Former Chief Justices, Ministers of Foreign Affairs and Distinguished Current and Former Ambassadors from around the world as well as leading legal practitioners in their respective jurisdictions. This begs the question: Is it now the time for Dr. Kariuki Muigua to be venerated and celebrated at home by his peers at the University of Nairobi and at the Law Society of Kenya as a Professor of Law and Senior Counsel respectively.

It is informative that Dr. Kariuki Muigua is one of the few distinguished law practitioners in Kenya who can boast having a Pupil in the Roll of Senior Counsel before making it to the upper echelon of the bar himself. Surely, one must be Senior Counsel material to mentor their protégé into Senior Counsel. AS regards Professorship, Dr. Kariuki Muigua is arguably one of the most published Law Scholars in Kenya and Environmental Law Scholars around the World. Dr. Kariuki Muigua is author of dozen Environmental Law and Dispute Resolution Books and over hundred peer reviewed journal articles and book chapters. He has supervised handful of PhDs Students in the area of Environmental Law, Environmental Studies and Dispute Resolution.

Indeed, as the African Arbitrator of the Year 2022, Dr. Kariuki Muigua, PhD is more than just an Arbitrator, he has earned his reputation as a distinguished legal practitioner in Kenya and a leading environmental scholar in Africa and the world. In addition to the many accolades and awards given to Dr. Kariuki Muigua over the years, he has researched extensively and published widely on environmental law and practice and is a Senior Lecturer in the practice area at University of Nairobi. Dr. Kariuki Muigua has supervised researchers on environmental law and undertaken numerous consultancies in the area. He is also a respected environmental law jurist as the LSK Representative Member at the National Environment Tribunal. Having been in environmental law scholarship for over 20 years, it begs the question: Is it time for Dr. Kariuki Muigua to become Professor of Environmental Law and Senior Counsel?

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 Africa and the World. As a specialist scholar in environmental law and natural resources conflicts/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 has supervised and examined a handful of PhDs on environmental and natural resources law and conflict management in the last 5 years and more than a dozen Masters of Law and Arts students specializing in environmental law and policy, dispute resolution and conflict management.

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.

As an author in Environmental Law, Dr. Muigua has authored at least ten (10) books in Environmental Law and Governance. In particular, he is the co-author of the book “Natural Resources and Environmental Justice in Kenya” (2015), author of Nurturing Our Environment for Sustainable Development (2016), Securing Our Destiny through Effective Management of the Environment (2020) and Achieving Sustainable Development, Peace and Environmental Security (2021) which was hailed by reviewers as “a must read for students, teaching fraternity, members of the bar and the bench, legislators, policy makers, environmentalists and the public in general.” Further, he is the author of Fostering Environmental Democracy and Biodiversity Conservation (2021), Exploring Conflict Management in Environmental Matters (2022), Attaining Environmental Justice for Prosperity, Volume 1 and Volume 2 (2022), Nurturing Our Environment for a Green Tomorrow (2023) and Realizing True Sustainable Development (2023).

Dr. Muigua has also collaborated extensively with various environmental advocacy groups in Kenya and regionally. He advocates 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. He has also made learned presentations on environmental law to various interest groups and organizations in his capacity as an authority in the area.

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 is 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 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.

Besides being an environmental law scholar and practitioner, Dr. Kariuki Muigua is the Managing Partner of Kariuki Muigua & Company Advocates and is highly esteemed as a Senior Advocate of more than 30 years standing in Kenya. Dr. Muigua is also a Chartered Arbitrator, Fellow of Chartered Institute of Arbitrators, Fellow Institute of Certified Secretaries of Kenya and Member of the Kenya Institute of Management of Kenya. He has been ranked by the prestigious Chambers and Partners Directory as one of the top-ten Arbitrators in Kenya for the last three years.

Dr. Kariuki Muigua was the Africa Trustee of the Chartered Institute of Arbitrators (UK) 2019 to 2022 and the Inaugural ADR Lifetime Award Winner awarded by the Chartered Institute of Arbitrators (Kenya Branch) for his immense contribution to alternative dispute resolution (ADR) Practice in Kenya and across Africa. Dr. Kariuki Muigua was also awarded the ADR Practitioner of the Year Award by the Law Society of Kenya (Nairobi Branch) for his efforts in fostering ADR Practice among lawyers through excellence, mentorship and training. In addition, Dr. Kariuki Muigua was feted as the ADR Publisher of the Year by CIArb (Kenya) for his scholarship and editorial prowess in the area of ADR.

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Eric Kivuva: Reset and Calibrate for a Nairobi LSK Branch that Delights Members

“My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship,” Eric Kivuva.

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Eric Kivuva, Senior Partner at McKay Advocates and Nairobi LSK Branch Chair Candidate

By Eric Kivuva, Nairobi LSK Branch Chair Candidate 2024-2026

Nairobi Branch has had stability over the last few years but we seem to have stagnated on protecting and advocating for improvements in the practice environment and have become superficial about the real welfare issues of members. The time is nigh for us to reset our leadership and the branch. It is time to replace stagnation in practice with progress; Public relations in member care with results-oriented action; silence with empathy, disconnection with engagement. It is time for a reset and calibration of the branch for positive, progressive impact on our practice and welfare.

My Promise: To make Nairobi branch a truly world class branch when it comes to championing a better practice environment and more opportunities for members.

My Agenda: Our practice environment is not conducive for many advocates because of the bottlenecks that exist. We must prioritize practice matters if each one of us is to have a thriving practice so that you can not only meet your needs but also have a little more to create positive impact in the society.

My Reset and Calibrate Agenda

Agenda 1: Protect and Progress Practice Areas

  • Diligently follow through with implementation of CUCs and Bar-Bench Committee recommended actions.
  • Be proactive in monitoring changes in the legal sector and take measures to ensure advocates are not negatively affected by those changes.
  • Eliminate bottlenecks in practice areas specifically by championing efficiency at all registries i.e. Land Registries, Court Registries, Company Registries and KIPI.
  • Support the fight against corruption in the judiciary and the elimination of facilitation fees.

Agenda 2: Adoption of Emerging Practice Areas

  • Establish the emerging practice areas committee
  • Encourage greater collaboration with inhouse counsel to widen the practice space
  • Develop a simple guide to practice management

Agenda 3: Mentorship and Unity of the bar

  • Institute a practice mentorship program within the branch to equip members with skills and tools to help them build thriving practices.
  • Expand branch social activities and increase the frequency of the events to involve as many members as possible.

My Track Record

I have made significant contributions to the Nairobi branch without holding an elected position.

  1. I have been a staunch supporter of the Nairobi Branch, contributing through member donations and sponsoring numerous branch events.
  2. ⁠I played a pivotal role in establishing one of our most beloved traditions, the Nairobi Branch Quiz Night, alongside our esteemed first chair, Charles Kanjama, to foster camaraderie among members.
  3. ⁠I offered leadership during the organization of the first-ever LSK elections debate, where I not only facilitated as the MC but also ensured the event’s seamless execution.
  4. ⁠I contributed to the conceptualization of the Nairobi Legal Awards in 2021 organized by the Nairobi Branch and the inaugural Nrb Branch Christmas carols event.
  5. ⁠I consistently support the Nairobi branch financially and has served as a speaker at multiple branch events, most recently at a cocktail organized by the branch in August 2023.
  6. ⁠In recognition of my unwavering dedication, I was honored with the Committed Service Award in 2022, bestowed upon individuals who demonstrate exceptional commitment to branch activities.

There is no question that Nairobi LSK Branch holds a special place in my heart and that makes me the ideal candidate to lead the LSK Nairobi branch to new heights in the next two years.

My Vision for Nairobi Branch

My vision is for a Nairobi Branch that delights members because things work as they should to improve practice, welfare, and mentorship.

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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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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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