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Top Litigation Lawyer: Wilfred Nyamu Mati

Nyamu has become the go-to lawyer for high profile clients with cases that require a sharp legal mind and savvy advocacy.

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Wilfred Nyamu Mati Advocate, Founder and Managing Partner of Nyamu & Nyamu Advocates

A popular joke has it that Wilfred Nyamu Mati is one of the handful of civilians who have addressed the Senate of Kenya more times and longer than even some of the current Senators. It owes to the fact that Nyamu was the pioneer Advocate to enter appearance for a Governor facing impeachment at the Senate when he represented Embu Governor Martin Wambora. Indeed, while it is almost a proverb that Governor Wambora has nine lives and a rate knack for survival as a politician, truth is that his secret weapon is the unwavering tenacity and unrelenting legal representation of Nyamu as his lead Lawyer.

Over time, Nyamu has become the go-to lawyer for dozens of Governors, County Governments and high profile individuals facing existential legal threats that require a sharp legal mind to make their case and turn around their fortunes. The flamboyant Governor of Nairobi City Mike Sonko brought Lawyer Nyamu in the last minute to lead his legal team in handling the Impeachment Proceedings and the subsequent court petitions that seeking to overturn the Senate Decision to impeach him. Sonko has also retained Nyamu to help in his defense against the corruption, economic crimes and terrorism charges facing him.

In the last 10 years, Wilfred Nyamu has established himself as a vanguard in constitutional litigation with a strong bias for devolution law and electoral disputes. Nyamu has acted for senior clients and county governments in numerous and complex constitutional petitions and references in all levels of courts in Kenya including the High Court, the Court of Appeal and the Supreme Court of Kenya. Nyamu is one of the few lawyers who can take pride in having built an enviable litigation practice from scratch to the level of representing high status individuals purely based on referrals based on his good work and excellent advocacy skills.

As proof of Nyamu’s increasing popularity as the lawyer of choice for many VIPs in Kenya, he was instructed to mount defense in 11 election petitions (all by elected leaders) in 2017. To his credit, he won 9 of them in the first instance at High Court and then appealed and won the rest either at Court of Appeal or upon appeal at the Supreme Court. Nyamu is preferred by many of his clients because of his fighting spirit, the honesty to give them impassioned legal opinions about their chances of success in the case at hand and the ability to craft a winning strategy even where other lawyers see no way to a win.

Several cases that Lawyer Nyamu has handled on behalf of Governors stand out. One of the most outstanding was the twin impeachment motions against Governor Martin Wambora in February and May 2014 where in the second instance Nyamu famously walked out of the Senate Committee established to investigate the motion after accusing the team of prejudice against his client since the same Committee had recommended his ouster in the earlier impeachment in February 2014.

“My client, the Honourable Governor, does not expect to get a fair hearing before this Committee and that is why he cannot submit himself any further before this Committee. We are going to address ourselves in Court not before this Committee. I am instructed not to proceed beyond here.” Wilfred Nyamu Mati, Advocate before walking out on Wambora Impeachment Senate Committee.

 

Nyamu had earlier managed to convince the High Court to stay the impeachment of Governor Wambora by the Senate in February 2014. However, even as the County Assembly of Embu proceeded to appeal the High Court decision at Court of Appeal, they lodged a new impeachment motion against Wambora in May 2014 which sailed through the Assembly and was before the Senate Committee, hence Nyamu’s walkout.

What followed the walkout was a very complex and passionate court battle waged by Lawyer Nyamu on behalf of Governor Wambora that truly defined the jurisprudence of impeachment of County Governors in Kenya and made both their names name synonymous with it. On 1st October 2014, Nyamu won the appeal in favour of the Embattled Embu Governor with the Court of Appeal upholding the earlier High Court ruling which reinstated him to office.

But as his client resumed office, Nyamu resumed his battle before a three High Court Judge Bench in the case challenging the second impeachment which Senate had imposed despite his walkout from the Committee. On 13th February, 2015, the High Court proceeded to uphold the impeachment as per the resolution of the Embu County Assembly dated 29th April 2014 and a resolution of the senate special committee endorsing the same.

However, Nyamu saved the day by quickly rising to his feet to convince the judges to grant 14 days stay of the judgement pending appeal ensuring his client stayed in office while he fought in court. In the meantime, Nyamu rushed to Court of Appeal where he secured a conservatory order staying the High Court decision for his client to continue to exercise his powers as Governor of Embu County pending the hearing of the Appeal. In the aftermath, Nyamu constituted a team of 7 lawyers including two Senior Counsel to help him argue his client’s case before the Court of Appeal culminating in the nullification of Wambora’s impeachment in December 2015 with the Appeal Court ruling that there was no clear evidence that he acted in gross violation of the Constitution, warranting his impeachment.

After the High Court nullified the impeachment of Wambora, Nyamu had cited the Embu Speaker among others for disregarding the orders. The Speaker contested the contempt orders in Court of Appeal which upheld them prompting an appeal in the Supreme Court which after two long years of legal battle overturned the orders in December 2017. But Nyamu had long made his point by compelling the County Assembly to respect High Court and Court of Appeal decisions overturning the impeachment of his client which remained in force for the remainder of his first term.

Nyamu is also well-known for his handling of the Governor Alfred Mutua Election Petition in 2017. By all standards, that was one of the most bitterly fought election petitions of 2017 stretching for more than 1 year from the High Court, through Court of Appeal, all the way to Supreme Court. for justice to be done for his client. After the High court upheld the Election of Governor Alfred Mutua, his opponent successfully contested the decision in the court of Appeal and everyone thought all was lost. However, Nyamu appealed to the Supreme Court arguing that Court of appeal erred in “admitting the Appeal for hearing based on the need for substantive justice under Article 159(2) of the Constitution and proceeding to nullify the election based on technicalities.” Supreme Court agreed with Nyamu finding that procedural technicalities in the elections did not warrant the nullification.

History appears to be repeating itself in the case of Governor Sonko where Nyamu is waging war on multiple front to get his client back to office. After the Senate impeached Sonko even as they acknowledged that Nyamu and his fellow lawyers had succeeded in showing the grounds levelled against Sonko did not hold water, he lodged a constitutional petition pending in the High Court to challenge the decision. In between the main petition, Nyamu has fought many applications and related cases and as usual appears ready to fight for his client all the way to Supreme Court if that is what it takes.

Nyamu has proven to be always ready to fight until justice is done for every of his client. He did it for Governor Kivutha when he was impeached by Makueni despite Nyamu’s best efforts fighting his way to High Court where he succeeded to bar the Senate from discussing his client’s impeachment. In all these cases and more, Nyamu has earned his reputation as the constitutional lawyer who never stops fighting until his clients win, whatever it takes! Nyamu also has avid political interest and is the National Secretary General of Maendeleo Chap Chap Party of Kenya.

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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