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Litigation Hall of Fame: Eric Mutua, OGW, SC, 46th POLSK

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 2 years.



Eric K. Mutua, OGW, the 46th President of the Law Society of Kenya from 2012 to 2016 and Managing Partner of E.K Mutua & Company

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 [2021] 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 [2014] 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.


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.




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.




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)


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.


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.


  • 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


  • 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.


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 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


  • 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 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.


  • 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.


  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





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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