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Definition and Regulation of Emergency Arbitration

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By Hon. Dr. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb (Leading Environmental Law Scholar, Sustainable Development Policy Advisor, Natural Resources Lawyer and Dispute Resolution Expert from Kenya), The African Arbitrator of the Year 2022, Kenya’s ADR Practitioner of the Year 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023) and Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023)*

Emergency arbitration is a special procedure whereby an arbitrator is appointed to hear applications for urgent interim relief(s) prior to the constitution of the Tribunal. Emergency arbitration or expedited measures of protection provide a framework for a party to an arbitration to request immediate though short-term reliefs before the process of appointment of an arbitral tribunal is completed. Under this process, emergency reliefs are sought upon the filing of the arbitration demand and may be compared to motions for injunctive relief or a temporary restraining order in court proceedings. Under emergency arbitration, an emergency arbitrator is appointed to hear and decide applications for emergency interim relief filed by parties before the constitution of the tribunal. Under this process, the person appointed as emergency arbitrator does not go on to become a member of the arbitral tribunal. The powers of the emergency arbitrator lapse as soon as the tribunal is constituted.

Emergency arbitration has emerged as a very important doctrine in enhancing the efficacy of arbitration proceedings. It has been argued that in some cases, the nature of a dispute requires immediate action to avoid irreparable harm. In traditional litigation, a party might seek a temporary restraining order or a preliminary injunction from a court to prevent another party from taking certain action. Further, it has been observed that until recently, parties to international arbitration agreements had no recourse to arbitration to preserve the status quo, conserve assets or evidence, or seek other provisional relief until a tribunal had been established in a particular case-a process that in the best of circumstances, took weeks after submission of a ‘request for arbitration’ or ‘notice of arbitration.’ To obtain provisional measures in such circumstances, parties were required to resort to national courts.

Emergency arbitration has therefore emerged in order to ensure that the grant of interim measures of protection is conducted within the confines of arbitration and not by national courts. It has been argued that some of the attributes of arbitration such as privacy, confidentiality and efficiency may be lost if a party is forced to pursue provisional reliefs in open court2. Some parties therefore prefer to seek interim measures within the arbitral process. Emergency arbitration is therefore vital in realizing the agreement of parties’ to arbitrate disputes.

Emergency arbitration is important as parties (typically Claimants) may find themselves in a factual situation where they are in need of urgent interim relief, but the tribunal has not yet been appointed. Recourse to emergency arbitration is particularly important when considering the amount of time the process of constituting a tribunal can take. This timeline may be substantially lengthened by an uncooperative Respondent who is determined to delay the proceedings to the Claimant’s detriment. Under emergency arbitration, any emergency measure granted takes the form of an order. The order may be later revisited by the arbitral tribunal once constituted.

Emergency arbitration has been adopted by various arbitral institutions to address the need for emergency interim reliefs at the pre-arbitral stage34. Under the International Chamber of Commerce (ICC) Arbitration Rules, 2021, a party that needs urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal (“Emergency Measures”) may make an application for such measures36. The Rules envisage the appointment of an emergency arbitrator within two days of receipt of the application. The rules further provide that the emergency arbitrator’s decision shall take the form of an order and that parties shall comply with any order made by the emergency arbitrator. The emergency arbitrator is required to make the order not later than 15 days from the date on which the file was transmitted to him/her.

In addition, the Rules provide that the emergency arbitrator’s order shall not bind the arbitral tribunal with respect to any question, issue or dispute determined in the order and that the arbitral tribunal may modify, terminate or annul the order or any modification thereto made by the emergency arbitrator40. The Rules also give powers to the arbitral tribunal to decide upon any party’s requests or claims related to the emergency arbitrator proceedings, including the reallocation of the costs of such proceedings and any claims arising out of or in connection with the compliance or noncompliance with the order. The Rules also provide that an emergency arbitrator shall not act as an arbitrator in any arbitration relating to the dispute that gave rise to the application.

Emergency arbitration is also provided for under the London Court of International Arbitration (LCIA) Arbitration Rules. The Rules provide that in the case of emergency at any time prior to the formation or expedited formation of the Arbitral Tribunal, any party may apply to the LCIA Court for the immediate appointment of a temporary sole arbitrator to conduct emergency proceedings pending the formation or expedited formation of the Arbitral Tribunal (the “Emergency Arbitrator”). The rules envisage appointment of an emergency arbitrator within three days of receipt of the application. The rules require the emergency arbitrator to decide the claim for emergency relief as soon as possible, but no later than 14 days following the appointment. An emergency arbitrator is required to make an order in writing, with reasons. Such an order may be confirmed, varied, discharged or revoked, in whole or in part, by order or award made by the Arbitral Tribunal upon application by any party or upon its own initiative.

The Chartered Institute of Arbitrators (CIArb) Arbitration Rules also enshrine the doctrine of emergency arbitration. Under the Rules, any party in need of conservatory or urgent interim measures prior to the constitution of the arbitral tribunal may file an application with the CIArb seeking the appointment of an emergency arbitrator. The Rules stipulate that an application for the appointment of an emergency arbitrator may seek orders, including, but not limited to: maintaining or restoring the status quo pending the determination of the dispute; taking action that would prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitral process itself; providing a means of preserving assets out of which a subsequent award may be satisfied; or preserving evidence that may be relevant and material to the resolution of the dispute.

The Rules require an emergency arbitrator to be appointed within two days of receipt of the application. Further, under the Rules, no emergency arbitrator may be appointed after the arbitral tribunal has been constituted. The Rules also require the emergency arbitrator to decide the issues raised in the application as soon as possible and preferably no later than 15 days following the appointment, taking due care to ensure that all parties are afforded notice and a reasonable opportunity to be heard. The Rules further state that any order or award issued by the emergency arbitrator, including an award of costs, may be modified or confirmed by the arbitral tribunal, and, in the absence of such a modification or confirmation, shall automatically expire and no longer be in effect 15 days following the constitution of the arbitral tribunal.

In addition, the Arbitration Rules of the Common Market for Eastern and Southern Africa (COMESA) Court of Justice also provide for emergency arbitration. Under the rules, a party may apply for conservatory or urgent interim measures prior to the constitution of an arbitral tribunal by making a request to the Assigning Authority for the appointment of an emergency arbitrator. Under the emergency arbitration procedure, a request for the appointment of an emergency arbitrator may seek orders, including, but not limited to maintaining or restoring the status quo pending the determination of the dispute; taking action that would prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitral process itself; providing a means of preserving assets out of which a subsequent award may be satisfied; or preserving evidence that may be relevant and material to the resolution of the dispute.

Like the CIArb Rules, the COMESA Rules also require an emergency arbitrator to be appointed within two days of receipt of the application and that no emergency arbitrator shall be appointed after the arbitral tribunal has been constituted. In addition, they stipulate that the emergency arbitrator shall not serve as a member of the arbitral tribunal unless the parties otherwise agree. The Rules further require the emergency arbitrator to decide the issues raised in the application no later than fifteen (15) days following the appointment, taking due care to ensure that all Parties are afforded notice and a reasonable opportunity to be heard.

Further, under the rules, any order or award issued by the emergency arbitrator, including an award of costs may be modified or confirmed by the emergency arbitrator or the arbitral tribunal, and, in the absence of such a modification or confirmation, shall automatically expire and no longer be in effect fifteen (15) days following the constitution of the arbitral tribunal. In addition, the Rules also stipulate that the emergency arbitral order shall not bind the arbitral tribunal with respect to any question, issue or dispute determined in the order. The rules also give powers to the arbitral tribunal to modify, terminate or annul the order or any modification thereto made by the emergency arbitrator.

The doctrine of emergency arbitration is also upheld under the Kigali International Arbitration Centre Arbitration Rules which are similar to the COMESA Rules. Emergency arbitration has also been encapsulated under the Arbitration Rules of the Nairobi Centre for International Arbitration. Under the Rules, a party who intends to make an application for an emergency arbitration shall submit a written request to the Registrar. The Registrar is required to appoint an emergency arbitrator within two days of receipt of the application. The Rules further stipulate that an emergency arbitrator may not act as an arbitrator in any future arbitration relating to the dispute, unless the parties consent. In addition, the Rules state that emergency arbitrator shall have the same powers vested in the Arbitral Tribunal under these Rules, including the power to rule on his own jurisdiction and any objection to the application. Further, the Rules provide that the emergency arbitrator shall make an order or award within fifteen days from the date of appointment, which period may be extended by agreement of the parties. From the foregoing, it is evident that emergency arbitration has been adopted by various arbitral institutions in similar lines to address the need for emergency interim reliefs before appointment of arbitral tribunals.

*This is an extract from the Article: (Re) Examining the Doctrine of Emergency Arbitration: ((2023) 12(1) Alternative Dispute Resolution by Hon. Dr. Kariuki Muigua, OGW, PhDSenior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of Permanent Court of Arbitration nominated by Republic of Kenya and Member of National Environment Tribunal (NET). Dr. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Dr. Kariuki Muigua is a Senior Lecturer of Environmental Law and Dispute resolution at the University of Nairobi School of Law and The Center for Advanced Studies in Environmental Law and Policy (CASELAP). He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Dr. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Dr. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2022 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023. 

References

American Arbitration Association., ‘ADR: What’s Your Emergency?’ Available at https://www.adr.org/blog/ADR-Whats-Your-Emergency (Accessed on 29/08/2023).

Arbitration Rules of the COMESA Court of Justice (2018)., Available at https://comesacourt.org/wp-content/uploads/2019/11/COMESA-COURT-ARBITRATIONRULES-2018.pdf (Accessed on 29/08/2023).

Burbeza. Z., ‘LCIA Emergency Arbitrations: Brief Outline.’ Available at https://imdcorporate.co.uk/dispute-resolution/lcia-emergency-arbitrations-briefoutline/ (Accessed on 29/08/2023)

Chartered Institute of Arbitrators Arbitration Rules, 2015., Available at https://www.ciarb.org/media/2729/ciarb-arbitration-rules.pdf (Accessed on 29/08/2023).

Hanessian. G, & Dosman. A., ‘ Songs of Innocence and Experience: Ten Years of Emergency Arbitration.’ Available at http://arbitrationlaw.com/sites/default/files/free_pdfs/aria_-_songs_of_access.pdf (Accessed on 29/08/2023)

International Chamber of Commerce., ‘Arbitration Rules, 2021’ Available at https://iccwbo.org/wp-content/uploads/sites/3/2020/12/icc-2021-arbitration-rules-2014- mediation-rules-english-version.pdf (Accessed on 29/08/2023)

International Chamber of Commerce., ‘Emergency Arbitrator.’ Available at https://iccwbo.org/dispute-resolution/dispute-resolution-services/arbitration/rulesprocedure/emergency-arbitrator/ (Accessed on 29/08/2023).

Kigali International Arbitration Centre Arbitration Rules, 2012., Available at https://africaarbitration.org/resources/rules/Kigali%20International%20Arbitration%20Centr e%20Rules.pdf (Accessed on 29/08/2023)

London Court of International Arbitration., ‘Arbitration Rules.’ Available at https://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx (Accessed on 29/08/2023)

Nairobi Centre for International Arbitration., Arbitration Rules, 2015., Available at https://ncia.or.ke/wp-content/uploads/2021/02/Final-NCIA-Revised-Rules-2019.pdf (Accessed on 29/08/2023)

Norton Rose Fulbright., ‘Emergency Arbitrators in Singapore.’ Available at https://www.nortonrosefulbright.com/en/knowledge/publications/0c310fce/emergencyarbitrators-in-singapore (Accessed on 29/08/2023)

Singapore International Arbitration Centre., ‘Emergency Arbitration.’ Available at https://siac.org.sg/emergencyarbitration#:~:text=The%20Emergency%20Arbitrator%20procedure%20is,the%20constitutio n%20of%20the%20Tribunal (Accessed on 29/08/2023).

Thrasher. A., ‘Emergency Arbitration Proceedings and How they Relate to Construction Disputes.’ Available at https://www.bradley.com/insights/publications/2023/05/emergency-arbitration-proceedingsand-how-they-relate-to-constructiondisputes#:~:text=Rule%20R%2D39%20under%20the,the%20application%20for%20eme rgency%20relief (Accessed on 29/08/2023)

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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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