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Litigation Hall of Fame Lawyer: Dr. Jotham Okome Arwa, PhD

Arwa is more than just a leading lawyer: He is a law intellectual, law consultant, law author, law manager, law interpreter and law practitioner.

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Jotham Okome Arwa, Managing Partner Rachier & Amollo Advocates LLP and Senior Lecturer, JKUAT School of Law

Jotham Okome Arwa stands out as the only Managing Partner of a Kenyan Top-tier Law Firm who also doubles as a leading law intellectual. He is roundly revered in the legal circles as one of the most brilliant and leading legal minds in country and as an advocate who has contributed immensely in shaping jurisprudence and practice of law in Kenya both as a practitioner and law lecturer. Gifted with a sharp, analytical mind, Arwa is a formidable lawyer and an inspiring example for many budding advocates.

Jotham Okome Arwa is the Managing Partner and Head of Legal Consultancy and Commercial Law Department at Rachier & Amollo Advocates LLP, admittedly one of Kenya’s most respected and outstanding litigation law firms in Kenya specializing in corporate law, commercial law, litigation construction law, property law, conveyancing, labour law and aviation law, among others. The firm is home to some of the most sought after legal heavyweights in Kenya including Ambrose D.O. Rachier, Hon Otiende Amollo, SC, Francis Olalo, Stephen Ligunya, Alvin Rachier and Arwa himself, among others.

Jotham Arwa leads a legal team of over 20 lawyers at Rachier & Amollo Advocates which includes 6 partners, over 10 associates and a handful of legal consultants, pupils and paralegals. He has 23 years’ post-admission legal experience and over the years has successfully handled complex and high value legal matters and transactions on behalf of diverse corporate and private clients. He has special interest in corporate commercial law, banking, finance and securities law, taxation and public finance management law and constitutional and human rights law.

Senior Law Lecturer and Seasoned Legal Consultant

Jotham Okome Arwa is a Senior Lecturer at the School of Law, Jomo Kenyatta University of Agriculture and Technology. He has also taught law at various universities and institutions in Kenya including University of Nairobi (Medical Law), Kenya School of Monetary Studies (Finance and Banking Law) and Kenya School of Law. He has also undertaken human rights training for senior managers of the Prison Department and Kenya National Commission on Human Rights on the reporting mechanisms under the African Charter on Human and People’s Rights.

In addition to legal practice and teaching law, Arwa is a well-respected and seasoned legal consultant and has handled numerous complex legal consultancy assignments in various aspects of law and gained wealth of experience legal and regulatory frameworks and legislative drafting. Indeed, as head of Legal Consultancy at Rachier & Amollo Advocates, Arwa and his team have handled many legal reform assignments which have left indelible mark in the legal and economic landscape in Kenya, East Africa and beyond.

In the area of financial and securities law, Arwa has consulted for the Capital Markets Authority in a consultancy involving the evaluation of the Capital Markets Legal Regime in Kenya and making recommendations on the Emerging Trends in Financial Services Law and their implications on the future capital markets in Kenya. Arwa also led the legal consultancy team retained to advise on the privatization of Kenya Re-Insurance Corporation culminating in the Initial Public Offer (IPO) of Kenya Re.

In insurance law, Arwa led Rachier & Amollo team in undertaking a legal consultancy for the Government of Kenya to review the legal and regulatory framework governing the Insurance Industry with a view to modernizing all insurance related statutes and aligning the same with the international best practices. He also reviewed the legislative and procedural framework for the establishment and proper functioning of insurance policyholder compensation fund. The eventual output was a Draft Insurance (Amendment) Bill which was enacted into law.

In the medical and human rights sphere, Arwa consulted for the Embassy of Belgium in evaluating the current observance status of the ethical as well as the medico-legal issues relating to HIV/AIDS in Kenya and make recommendations for improvement of legal framework for the fight against HIV/AIDS in Kenya. He also consulted for Federation of Kenya Employers on the development of appropriate guidelines in the area of Human Rights in the workplace and guidelines for use by employers in treatment of persons infected with or affected by HIV/AIDS in the workplace.

Tribunal Chair, Director, Author and Scholar

Due to his standing as a legal authority in legal education, human rights and medical ethics and commercial law, Arwa has served as Director in various institutions including: The Kenya International Freight and Warehousing Association, Kenya Legal and Ethical Issues Network (KELIN) and the Legal Education Forum. Previously, he served as a Member of the National Steering Committee on Fast-tracking HIV Response among Adolescents and Youth appointed by the Cabinet Secretary for Health and as the Chairman of the HIV and Aids Tribunal of Kenya.

Arwa’s teaching and consultancy assignments have given him an edge in legal practice especially in medical-legal area and in handling finance and banking transactions and deals. He has also written several books and manuals in these area which serve as guides for other legal practitioners. These include HIV/Aids and Law, Human Rights in the Workplace (Training Manual authored for Federation of Kenya Employers (FKE) and Human Rights and HIV/AIDS (Training Manual for University of Nairobi, Faculty of Medicine).

Arwa has also authored numerous papers and articles on law and practice in the areas of Financial Services Law, Digital Banking, Banking Law, Access to Justice, Corporate Law, Bankruptcy and Insolvency Law and Employment law. His articles have been submitted for publication in peer-reviewed law journals including Harvard Law Journal, University of Nairobi Law Journal, Law Democracy and Development (LLD) Journal of University of Western Cape, JKUAT Law Journal, Lex Mundi World Reports and Commonwealth Legal Education Journal. Arwa has also presented papers in numerous Conferences and forums.

Arwa holds a Bachelor of Laws (LL.B) Degree and Masters of Laws (LLM) Degree from University of Nairobi and a post graduate diploma in law from Kenya School of Law and Doctor of Philosophy (Ph.D) Degree in Law. These qualifications have enabled Arwa to maintain a global perspective tempered with local understandings in solving the multifaceted legal problems of his clients who include individuals, government agencies, multinational corporations, Non-governmental organizations, local and foreign Governments.

Lawyers

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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