Since the founding of LSK in 1949, Eric Kyalo Mutua is the only President of Law Society of Kenya to has served for 4 years having been elected for two consecutive terms of 2 years. Eric also remains the LSK President elected with the largest majority of votes (79%) in the last two decades. He served as the 46th Chairman/President of the Law Society of Kenya from 2012 to 2016 and oversaw the critical role LSK played in laying the ground for the peaceful first transition of Government under the Constitution of Kenya 2010. Eric is recognized as an excellent and formidable litigator and commercial lawyer and has successfully acted in dozens of precedent-setting and high value matters for individuals, corporates and public entities.
Eric Mutua is an advocate of the High Court of Kenya of more than 28 years good standing having been admitted to the bar in 1995. He holds Masters of Law (LLM) degree and Bachelor of Laws (LLB) degree both from the University of Nairobi and a Diploma in Law from the Kenya School of Law and is also a Certified Public Secretary, a Commissioner of Oaths, a Notary Public and an Arbitrator and a specialist in litigation and dispute resolution and has handled numerous complex commercial and constitutional cases in all levels Kenyan and regional courts and tribunals including High Court, Court of Appeal, Supreme Court of Kenya and East African Court of Justice (EACJ). He also represents claimants and respondents in complex and contested arbitration claims before domestic and international arbitration panels.
Eric has extensive experience advising and handling cases in international law, constitutional law and human rights, land and environmental law, real estate and construction disputes, commercial litigation, corporate governance including shareholder disputes, insurance, aviation law and insurance, sports dispute resolution, intellectual property in particular trademarks opposition and expungement proceedings, insolvency, debt collection and creditors’ rights, banking and financial claims, communications, professional liability defense, regulatory compliance, employment and labour law, criminal and economic crimes law and international commercial arbitration.
Recent Key Cases Handled by Eric Mutua
One of the recent key case Eric has been involved in is representing Kenya Airport Authority (KAA) in the long-running landmark case of Mitu-Bell Welfare Society v Kenya Airports Authority & 2 others  eKLR at the High Court, Court of Appeal and the Supreme Court. In this case which was filed in High Court in 2011 and went all the way to Supreme Court, Eric was defending KAA which was accused of forceful eviction without due notice and despite a Court order prohibiting evictions of more than 15,000 men, women and children from Mitumba village near Wilson Airport, through the demolition of their homes and schools, leaving them homeless.
The case featured prominently in the just concluded Chief Justice interviews because it is the standing authority on the place of structural interdicts as a form of relief in human rights litigation in Kenya. The Supreme Court upheld the applicability of structural interdicts by restating its holding in Communications Commission of Kenya & 4 others v Royal Media Services Limited & 7 others  eKLR that Article 23(3) of the Constitution, in listing the appropriate reliefs a court may grant, uses the word ‘including’ implying that the reliefs listed therein are non-exhaustive. Therefore, a court can issue orders other than those listed as it deems fit, to be decided on a case-by-case basis.
Eric also successfully acted for a State Corporation in an Appeal to the High Court in a matter seeking to set aside a Ksh. 9.4 billion arbitration award given to a tenant on basis that it was unconstitutional and against public policy. High Court concurred with Eric that the impugned Arbitration award was contrary to public policy as the arbitrator (a former High Court Judge) had ignored, disregarded and/or misinterpreted the legal effect of a decision by the International Centre for Settlement of Investment Disputes (ICSID) in a related matter where the Government of Kenya was a party.
Eric successfully represented the Plaintiff against a Major Insurance Company in a case that interrogated whether a clause in the insurance policy limiting liability to third parties to a certain amount is valid and enforceable in law under Insurance (Motor Vehicles Third Party Risks) Act, Cap. 405 of the Laws of Kenya. The clause currently limiting liability to Ksh. 3 Million did not exist at the time. The Court found that such clause was invalid, void and unenforceable and the insurer was bound to pay the third parties the amount of compensation awarded by Court.
He also acted for a claimant in an aviation insurance arbitration matter against four (4) major insurance companies who had insured his registered aircraft which was involved in an accident and was extensively damaged. The dispute involved the applicability of the “component parts clause” of the aviation insurance policy and whether the claimant incurred loss and damage payable under the insurance policy. Eric convinced the arbitration tribunal to find in favour of his client that the component parts clause was not applicable in the instant case and that the claimant incurred loss and damages covered and was entitled to compensation under the insurance policy.
Barely 5 years after admission, Eric hit the headlines representing Eric Keter, an international athlete, at the Court of Appeal following the decision of the Kenya Amateur Athletics Associations to exclude him from the national team selected to participate in Sydney Olympic Games of 2000 despite being the reigning national champion at the time. The court found that the Defendants had discriminated the athlete and unfairly denied him the opportunity to to represent Kenya in the Olympics and issued a mandatory injunction ordering the Defendants to enlist and register him as a qualifying member of the Kenyan team for the games.
Eric also famously acted for the Murang’a Senator Hon Irungu Kangata and Nominated MP Hon David Sankok and 5 other student leaders of the University of Nairobi in a case that challenged the decision to expel them with the Late Mutula Kilonzo Senior representing the University. The High Court cancelled the expulsion but ordered their disciplinary case to be remitted back to the University with Directions that Kangata, Sankok and the fellow students to be tried. Eric appealed the order for retrial of the students and the Court of Appeal stayed that portion of the order allowing Kangata and Sankok and the rest to continue with their studies.
National, Regional and the Continental Legal Perspective
Eric is a member of the International Bar Association, Commonwealth Law Association, Pan African Lawyers Association (PALU), East Africa Law Society, the Law Society of Kenya, Institute of Certified Secretaries (ICS) of Kenya and Chartered Institute of Arbitrators. Eric has been awarded many professional accolades including MEA Africa Legal 100 and is a recipient of the Order of Grand Warrior of Kenya (OGW) award by the President of Kenya.
In addition to serving as the 46th President of the Law Society of Kenya, Eric served as Council Member of LSK for more than a decade, Treasurer of East African Law Society, Vice-President Pan African Lawyers Union (PALU) and Board Member of Council of Legal Education. The broad exposure and experience serving lawyers as a top official in these National, Regional and the Continental Associations has given Eric unique understanding of legal business environment across Africa. He is also able to leverage the extensive contacts built over the years across the world to offer a wide range of legal services for business in the Kenyan, East African and African markets for the past 22 years.
Eric is the founding and Managing Partner of the E.K. Mutua & Company Advocates, a medium-size corporate and commercial law firm established with a reputation of excellent and innovative legal practice of more than 25 years. The firm is structured into four main practice groups, namely, Litigation and Dispute Resolution Practice, Commercial and Corporate Practice, Banking and Finance Practice and Real and Intellectual Property Practice. The firm’s operations are based at its head office in the Flamingo Towers, 9th Floor, in Upperhill, the emerging Commercial and Financial Hub of Nairobi City.
Top Lawyer | Kenya Podcast, Episode 5: Dr. Wilfred Mutubwa, Dr. Mutubwa Law Advocates
Dr. Wilfred A. Mutubwa is a Chartered Arbitrator (C. Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb); Chairman Emeritus of the CIArb- Kenya Branch and African Arbitration Association’s African Arbitrator and ADR Practitioner of the Year 2023. He is an Advocate of the High Court of Kenya in good standing with a post-Admission experience of 18 years. He holds LL.B (Honours) and LL.M Degrees and LL.D focusing on International Economic Law from the University of South Africa. His research focuses on Trade and Investment Dispute Resolution systems in African regionalism and integration efforts. He also holds a Post Graduate Diploma in Law from the Kenya School of Law; a Post Graduate Diploma in Arbitration (CIArb –UK); and a Post Graduate Diploma in International Arbitration from the Africa Arbitration Academy. He is an Accredited Mediator by CIArb–UK and the Court Annexed Mediation Programme (CAMP) of the Kenyan Judiciary.
He is the founding Principal at Dr. Mutubwa Law Advocates; he is a senior Lecturer and Dean of the School of Law, Mt. Kenya University. He is also a course Director and Tutor in Arbitration and Mediation at CIArb-UK. He previously taught Commercial Transactions at the Kenya School of Law and Riara University.
He was recently appointed as one of the Court Members Representing the Republic of Kenya to the Permanent Court of Arbitration (PCA) in The Hague, the leading treaty arbitration organisation in the world. He is currently a member of the Task Force appointed by the Chief Justice of the Republic of Kenya on ADR and specifically mandated to roll out Court Annexed Mediation and other forms of Alternative Dispute Resolution (ADR).
He is an Arbitrator listed on London Court of International Arbitration (LCIA); Mauritius International Arbitration Centre (MIAC); the Nairobi Centre for International Arbitration (NCIA); the Kigali International Centre for International Arbitration; the African Arbitration Association (AAA); and the CIArb President’s Panels. He also serves on the Arbitration Foundation of Southern Africa (AFSA) and Southern Africa Development Community (SADC) international Arbitration Panels. He is a fellow of the Africa Arbitration Academy.
In 2021 he was appointed by the President of the Republic of Kenya to serve on the KNHR Commission Selection Panel, and by the Chief Justice of Kenya to serve as a Member of the Political Parties Disputes Tribunal. He was conferred with the exemplary recognition of the Order of the Grand Warrior of the Republic of Kenya by the President in the year 2021.
He has experience in over 60 Arbitrations and Mediations, as arbitrator, Mediator and Party Representative. He is currently serving in five investor-state arbitral references at the PCA. He has published a book, Commercial and Investment Arbitration: An African Perspective; and over 30 Articles on the subject in peer reviewed Journals. During his tenure as the Chairman of the Chartered Institute of Arbitrators, Kenya branch, he authored the State of Alternative Dispute Resolution Report (ADR) in Kenya, 2021. He has spoken in numerous conferences and has taught as a guest/visiting Lecturer in various universities including Strathmore University and University of Pretoria.
In 2017, he was recognised by IArb Africa as one of the top 100 Arbitrators in Africa. In 2020 he was named as one of the Top 50 rising Arbitration Personalities in Africa. In 2021 he was named by the Business Daily as one of the top 40 under 40 personalities in Kenya. In December 2022 hew was named top 30 Promising Arbitration Practitioners in Africa by the Africa Arbitration Academy; and ADR Practitioner of the year by the Nairobi Law Society Trust. He was also recognised as the ADR Practitioner of the year in the Nairobi Legal Awards. In October, 2023 The Lawyer Africa recognised him as a Top Arbitrator in Kenya.
Top Lawyer | Kenya Podcast, Episode 3: Gladys Mwangi, Nderi & Mwangi Advocates
Gladys Mwangi is a highly skilled Senior Legal Expert and an Advocate of the High Court of Kenya with over 17 years’ experience in providing a wide-range of cost-effective legal services that foster innovative approach in resolution of legal disputes. She specializes in Commercial Law and Family Law, where she offers both litigation and mediation services. In 2023, she was listed as one of TOP 100 LITIGATION IN KENYA IN 2023 for being one of the most distinguished litigators in Kenya.
Gladys is highly regarded as a Disputes Lawyer with a well-earned reputation of resolving complex legal disputes through litigation and mediation in the most efficient manner. She is highly skilled in court documentation and making persuasive arguments in court. She has prosecuted and defended many cases in superior courts, specialized courts and Tribunals in the Republic of Kenya. Recently, Gladys published what has become a popular textbook, Civil Litigation in Kenya, cementing her position as the emerging leading authority in the area.
Gladys is a Partner at Nderi and Mwangi Advocates in Charge of Litigation & Dispute Resolution Department. She is also the founder of Accord Mediation Chambers. She believes that commercial and family disputes can be resolved harmoniously by applying ADR (especially mediation) where litigation is not ideal. Hence, Accord Mediation Chambers compliments the dispute resolution legal services provided by Gladys and her team at Nderi & Mwangi Advocates. In addition, Gladys is very proficient in drafting and reviewing complex and specialized contracts. Gladys is also a trainer and has been engaged to offer bespoke legal training to small groups, corporates and NGOs in Estate Planning, Business Succession Planning and Labour laws.
Aside from her legal practice, Gladys is a respected Law Intellectual and a Lecturer of Law at Kenyatta University School of Law where she has also served as the Deputy Director of Students affairs. She is an active Member of Law Society of Kenya and East African Law Society and has served as a member of the Gender committee which supports society in making policies and driving discussions on matters of gender and law.
Gladys holds Bachelor of Laws (LLB) from the University of Nairobi and a Diploma in Law from the Kenya School of Law. She also holds Master of Laws (LLM) in Law, Governance and Democracy from the University of Nairobi. In addition to being an Advocate of the High Court of Kenya, she is a certified and accredited Mediator ( by the Institute of Chartered Mediators & Conciliators (ICMC) and the Judiciary of Kenya), a Certified Secretary (CS) and member of Institute of Certified Secretaries (ICS), a Commissioner for Oaths and Notary Public.
For more information on Gladys Mwangi, her book and services, visit her Website: https://gladysmwangi.com for more.
Dr. Kariuki Muigua’s 21 Years Journey to Top Arbitrator in Kenya 2023
The Top Arbitrator in Kenya 2023, African Arbitrator of the Year 2022 and African ADR Practitioner of the Year 2022 has 21 years as Arbitrator and ADR Practitioner under his belt. This is what informed our award of the Top Arbitrator in Kenya 2023 as a befitting tribute to mark more than two (2) decades of excellence as Arbitrator, Mediator, Adjudicator, Scholar, Mentor, Author, Leader and trendsetter in Arbitration and ADR Practice. Dr. Kariuki Muigua is the second Arbitrator to be declared the Top Arbitrator in Kenya, the first to be to be awarded the Inaugural CIArb Kenya Lifetime Achievement Award and to be declared both the African Arbitrator of the Year and the African ADR Practitioner of the Year and the first East African to become African CIArb Trustee 2019 to 2022 (now emeritus).
Dr. Kariuki Muigua’s ADR career started in 2002 when he took the Special member course in 2002 leading to membership of the Chartered Institute of Arbitrators (MCIArb). In the same year, he also became a member of the London Court of International Arbitration (LCIA) (2002). In these two decades, Dr. Muigua has since consistently and excellently practiced ADR as Arbitrator, Mediator, Scholar, Publisher, Leader and Consultant and earned numerous awards and recognition as a leading ADR Practitioner in Kenya.
Three years after qualifying as Member of Chartered Institute of Arbitrators, Dr. Kariuki Muigua graduated with Master of Laws (LL.M) in 2005 from the University of Nairobi specializing in Environmental Law, Natural Resource Conflicts and Dispute Resolution especially mediation. He continued to undertake domestic and international commercial arbitrations as well as facilitating training of new members at the CIArb (Kenya).
Dr. Muigua completed Arbitration Module 4 Course leading to Fellowship to the Chartered Institute of Arbitrators (FCIArb) in October 2010. He also undertook the Certified Professional in Managing Workplace Conflict from the Mediation Training Institute (International). The following year, on 2nd December 2011, he successfully defended his PhD Thesis titled “Resolving Environmental Conflicts in Kenya through Mediation” at the University of Nairobi on 02/12/2011 focusing on the areas of Public Participation, Mediation and Environmental Democracy. Dr. Muigua graduated with Diploma in Arbitration from the Chartered Institute of Arbitrators (UK) in 2012.
In 2012, Dr. Kariuki Muigua was elected Chairman of the Chartered Institute of Arbitrators (Kenya branch) where he served for the next 3 years up to 2015 being actively involved in the organization and coordination of the Institute activities and promotion of use the of Alternative Dispute Resolution methods in Kenya. His tenure was pivotal as it marked the constitutional transition period which included efforts to spearhead the mainstreaming of ADR methods into the justice system as envisaged under Article 159 of the Constitution culminating in launch of the Court-Annexed Mediation Pilot in 2015. He was awarded the Chartered Institute of Arbitrators Chairman’s medal with a citation for exemplary service in December, 2015.
Dr. Muigua has also served the Council of the Chartered Institute of Arbitrators (Kenya) and as a Member and Past Chairperson of the Sub-Committee on Information Technology (IT) and Member of the Legal Committee of the Institute. He also founded the Alternative Dispute Resolution Journal, the Official Journal of the Chartered Institute of the Arbitrators (Kenya Branch). He is a Member of Kigali International Arbitration Centre (KIAC) International Panel of arbitrators and Nairobi Centre for International Arbitration (NCIA) Panel of International Arbitrators, Panel of Domestic Arbitrators and Panel of Domestic Mediators.
In January 2015, Dr. Muigua was conferred the rank of Chartered Arbitrator, the highest status of an Arbitrator. In the same year, he was also admitted as an Accredited Mediator by the Mediation Training Institute (International). In 2019, he was voted unopposed as the CIARB Regional Trustee for Africa where he represents Africa at the Chartered Institute of Arbitrators Board of Trustees which is responsible for all the monies as well as the strategic direction of the Institute. In 2020, he was appointed by the Attorney General as a member of the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy, 2020 representing the Academia.
Indeed, in September and 2012 he was engaged as a Consultant by Commission for the Implementation of the Constitution and IDLO in preparing a report on the “Framework for the Consolidation and Harmonization of National Policies, Strategies and Legislative Instruments Relating to Access to Justice in Kenya.” In August 2013, he was engaged as a Consultant by the Kenya Land Alliance in preparing a “Review and Analysis of its draft ADR guide and Training Manual with a view to improve on its contents and structure to match the intended use of offering guidance in resolution of land disputes.”
To date, Dr. Kariuki Muigua continues to serve as the Tutor and Assessor at the Chartered Institute of Arbitrators-Kenya where he researches and teaches Alternative Dispute Resolution Methods at all levels. He has published numerous articles and papers on Alternative Dispute Resolution. Dr. Muigua is also the author of the leading books on ADR in Kenya: Resolving Conflicts through Mediation in Kenya (2013) and Settling Disputes through Arbitration in Kenya, the Edition (2022) which are available for free download in Kariuki Muigua & Co. Advocates as part of Social Responsibility and mentorship to upcoming Arbitrators.
Importantly, Dr. Kariuki Muigua has been ranked among the top 10 arbitrators in Kenya for the last five (5) years in a row by the prestigious Chambers & Partners Lawyers Directory as having “an astute understanding of arbitration and mediation” and being at the forefront of ADR in Kenya. In 2021, he scooped the three top ADR Award in Kenya, namely, CIArb (Kenya) Lifetime Achievement Award, Law Society of Kenya ADR Practitioner of the Year Award and ADR Publisher of the Year Award. Thus, as he commemorates 20 years of ADR Practice, Dr. Kariuki Muigua has clearly earned the reputation and respect of his peers as a leading ADR Practitioner in Kenya and across Africa. In 2023, Dr. Kariuki Muigua was nominated by the Republic of Kenya as a Member of the Permanent Court of Arbitration.
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