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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

Top Lawyer | Kenya Podcast, Episode 5: Dr. Wilfred Mutubwa, Dr. Mutubwa Law Advocates

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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.

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Top Lawyer | Kenya Podcast, Episode 3: Gladys Mwangi, Nderi & Mwangi Advocates

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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.

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Dr. Kariuki Muigua’s 21 Years Journey to Top Arbitrator in Kenya 2023

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The Top Arbitrator in Kenya 2023 Delivered to Dr, Kariuki Muigua, PhD for Excellence in Arbitration

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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