Lawyers

Why Kariuki Muigua has Become Professor of Law

Finally, the University of Nairobi has conferred Hon. Prof. Kariuki Muigua, OWG, PhD, C.Arb the rank of Professor of Environmental Law and Dispute Resolution.

Published

10 months ago

January 24, 2024

Admin

Ho. Prof. Kariuki Muigua, OGW, PhD, C.Arb, Professor of Environmental Law and Dispute Resolution, University of Nairobi

After twenty Two (22 Years since Prof. Kariuki Muigua, OGW, PhD joined the University of Nairobi (UoN) as a Lecturer of Law, the leading Environmental Law Scholar and Academic in Africa has been installed by the premier academic university in Africa with the well-deserved tenure of Professor of Law. Prof. Kariuki Muigua’s professorship was hard-earned through consistent scholarship, prolific authorship and publishing, world-class intellectual rigour and selfless mentorship that has seen him recognized and feted by H.E. the President with Order of Grand Warrior (OGW) for excellence in scholarship, awarded leading arbitrator and ADR practitioner in Kenya and Africa and highly rated by international bodies including Chambers and Partners among others. The conferment of rank of Professor comes barely a month after Hon. Prof. Kariuki Muigua was awarded the Order of Grand Warrior (OGW) of Kenya by H.E. the President of the Republic of Kenya for distinguished leadership and scholarship in Environmental Law and Dispute Resolution.

In three and half decades (35 years) of legal practice and scholarship, Prof. Kariuki Muigua, OGW, PhD has risen through the ranks and served and represented Kenya as a Nation and Africa as a Continent in World premier Organizations including as Africa Trustee of the Chartered Institute of Arbitrators (CIArb) and Permanent Court of Arbitration. In March 2023, Prof. Kariuki Muigua, PhD was nominated as a Member of the Permanent Court of Arbitration as proof of his unparalleled standing as an Environmental Law, Governance and Dispute Resolution Lawyer and Scholar of global repute.

As an environmental law practitioner, Prof. Kariuki Muigua has done it all including defending environmental and planning law claims before municipal courts, acting in complex environmental dispute resolution in superior and regional courts, acting as arbitrator and mediator in local and international environmental mediations and arbitrations, undertaking numerous environmental impact assessments, consulting in environmental legislation and regulations drafting and policy making, supporting the Kenyan environment regulator NEMA in environmental oversight and currently acting as Member of National Environment Tribunal (NET) which has the primary jurisdiction to handle environmental disputes in Kenya.

Prof. Kariuki Muigua stands outs among Kenya’s Environmental Lawyers and Scholars in that he has the benefit of not just both worlds of environmental law, namely practice and scholarship, but he can claim to have the benefit of all the worlds of environmental law in its breadth and length. As an academic, he has supervised numerous graduate researches both at Masters level and PhD Level in environmental law and served for two decades as Senior Lecturer in Environmental Law. At the Permanent Court of Arbitration, Prof. Kariuki Muigua is peer to the world’s leading scholars in every field of law including environmental law.

Around Africa as a Continent, Hon. Prof. Kariuki Muigua has been roundly recognized as a leading Environmental Law and Dispute Resolution Practitioner as confirmed by his award of both African Arbitrator of the Year 2022 and African ADR Practitioner of the Year 2022 for his exploits in ADR and especially in handling Environmental and Natural Resources Disputes. He is also CIArb Africa Trustee Emeritus (2019-2022). At the National Level, Prof. Kariuki Muigua has scooped lifetime awards both for excellence as ADR Practitioner and nominated by his peers at Law Society of Kenya to represent them as a Member of the National Environmental Tribunal, the leading tribunal by number of decisions made in Kenya.

There is no question that Prof. Kariuki Muigua has well-earned this conferment of the rank of professor of law as a distinguished environmental law practitioner in Kenya and the region and as a leading environmental scholar in Africa and the world. In addition to the many accolades and awards given to Prof. Kariuki Muigua over the years, he has researched extensively and published widely on environmental law and practice and is a Senior Lecturer in the practice area at University of Nairobi. Prof. Kariuki Muigua has supervised and mentored many researchers on environmental law and undertaken numerous consultancies in the area. He is also a respected environmental law jurist and after 20 years of environmental law practice and scholarship.

Prof. Kariuki Muigua stands out as one of the most distinguished environmental law scholars in Africa and one of the foremost experts in Environmental law, environmental justice, sustainable development and natural resources conflict management in Africa and the World. As a specialist scholar in environmental law and natural resources conflicts/disputes resolution, Prof. Kariuki Muigua is highly esteemed by many in environmental law and conflict management circles as a scholar, academic, author, dispute resolution expert, mentor and consultant. He has supervised and examined a handful of PhDs on environmental and natural resources law and conflict management in the last 5 years and more than a dozen Masters of Law and Arts students specializing in environmental law and policy, dispute resolution and conflict management.

In the last decade, Prof. Muigua has earned the esteem and pride of place among leading scholars and experts for his efforts in research and scholarship in the areas of Environmental and Natural Resources Law, Environmental Law Governance, Human Rights and Constitutionalism, Environmental Justice and Conflict Resolution. He has written extensively and is at the forefront in exploring the nexus between environmental law and human rights, Land and natural resource rights, economic law and policy of governments with regard to environmental law and economics. His research in environmental law and conflict management including dozens of refereed journal articles have received hundreds of scholarly citations in the last five (5) years.

As an author in Environmental Law, Prof. Muigua has authored at least ten (10) books in Environmental Law, Dispute Resolution and Governance. In particular, he is the co-author of the book “Natural Resources and Environmental Justice in Kenya” (2015), author of Nurturing Our Environment for Sustainable Development (2016), Securing Our Destiny through Effective Management of the Environment (2020) and Achieving Sustainable Development, Peace and Environmental Security (2021) which was hailed by reviewers as “a must read for students, teaching fraternity, members of the bar and the bench, legislators, policy makers, environmentalists and the public in general.” Further, he is the author of Fostering Environmental Democracy and Biodiversity Conservation (2021), Exploring Conflict Management in Environmental Matters (2022), Attaining Environmental Justice for Prosperity, Volume 1 and Volume 2 (2022), Nurturing Our Environment for a Green Tomorrow (2023) and Realizing True Sustainable Development (2023) and Achieving Climate Justice for Development (2023).

In addition, Prof. Muigua has contributed almost a dozen published book chapters ion environmental law and dispute resolution in environmental governance. In addition, he has published dozen of articles in peer-reviewed local, regional and international journals on environmental law, environmental justice, natural resources management, sustainable development and environmental conflicts/disputes resolution. Prof. Muigua is also the founding editor of the Journal of Conflict Management and Sustainable Development now in its eight volume after seven (7) years of publication.

Prof. Muigua has also collaborated extensively with various environmental advocacy groups in Kenya and regionally. He advocates the setting up of effective policy, legislative and institutional frameworks for the resolution of environmental conflicts. He is an ardent commentator and contributor to debates on sustainable development goals and has worked closely with many stakeholders in the areas of environmental access to Justice. He has also made learned presentations on environmental law to various interest groups and organizations in his capacity as an authority in the area.

Prof. Kariuki Muigua is also an Environmental Consultant, an Accomplished mediator and a Chartered arbitrator who has resolved numerous disputes touching on natural resources and extractives industry. He works with professionals in the environmental field especially in the areas of Environmental Resources and their management through Environmental Impact Assessment (EIA), Strategic Environmental Assessment (SEA), Mediation and Public Participation. He was a Member of the National Environment Tribunal, the lead statutory adjudication body for environmental disputes in Kenya, from 2017 to December 2022 as Nominee of the Law Society of Kenya.

Prof. Muigua completed his PhD in Law Thesis a decade ago at the University of Nairobi researching on “Resolving Environmental Conflicts in Kenya through Mediation” focusing on the areas of Public Participation, Mediation and Environmental Democracy. His Masters Dissertation was titled “The Resolution of Natural Resource Conflicts in Kenya through Arbitration and Mediation.” He has received widespread training and experience in both international environmental law and alternative dispute resolution and conflict management over the years.

Prof. Muigua teaches environmental law at the University of Nairobi Faculty School of Law, Centre for Advanced Studies in Environmental Law and Policy (CASELAP) and the Wangari Maathai Institute for Peace and Environmental Studies in the University of Nairobi. He has also facilitated seminars on Environmental Conflicts and ADR, Environment and Conflict Prevention and Environmental Impact Assessment and Environmental Audit among others. He has written several consultancy reports on environment and natural resources management whose recommendations are in application in Kenya and beyond.

Besides being an environmental law scholar and practitioner, Prof. Kariuki Muigua is the Managing Partner of Kariuki Muigua & Company Advocates and is highly esteemed as a Senior Advocate of more than 30 years standing in Kenya. Prof. Muigua is also a Chartered Arbitrator, Fellow of Chartered Institute of Arbitrators, Fellow Institute of Certified Secretaries of Kenya and Member of the Kenya Institute of Management of Kenya. He has been ranked by the prestigious Chambers and Partners Directory as one of the top-ten Arbitrators in Kenya for the last three years.

Prof. Kariuki Muigua is also the Africa Trustee of the Chartered Institute of Arbitrators (UK) from 2019 to 2022 and recently won the Inaugural ADR Lifetime Award Winner awarded by the Chartered Institute of Arbitrators (Kenya Branch) for his immense contribution to alternative dispute resolution (ADR) Practice in Kenya and across Africa. Prof. Kariuki Muigua was also awarded the ADR Practitioner of the Year Award by the Law Society of Kenya (Nairobi Branch) for his efforts in fostering ADR Practice among lawyers through excellence, mentorship and training. Prof. Kariuki Muigua was also awarded the ADR Publisher of the Year by CIArb (Kenya) for his scholarship and editorial prowess in the area of ADR.

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George Kashindi: Top Statesperson in Commercial Law in 2024

Published

1 month ago

October 12, 2024

Admin

George Kashindi, Partner at Munyao, Muthama & Kashindi Advocates and Member, Tax Appeals Tribunal

Partner, Munyao Muthama & Kashindi Advocates (MMK) & Member, Tax Appeals Tribunal.

Practice Areas

Taxation and Revenue
Regulatory and Compliance
Advisory and dispute resolution
Compliance and Governance Audits
Public Procurement
Civil and Commercial Litigation
Arbitration
Energy and Natural Resources
Constitutional Law
Judicial Review
Employment and Labour Relations

Biography

George is an Advocate of the High Court of Kenya with over 22 years of experience. He is a Partner of Munyao, Muthama & Kashindi Advocates (MMK Advocates) previously in charge of the Nairobi office (now on sabbatical) and Member of Tax Appeals Tribunal. George started his legal career in the well- known firm of Rachier and Amollo where he gained a wealth of experience in a broad spectrum of legal matters. Subsequent to leaving Rachier & Amollo, George trained at the Kenya Revenue Authority Training Institute for 2 years and thereafter worked at Kenya Revenue Authority as Senior Legal Counsel for 5 years. With this background, George has a very solid understanding of the tax policy and legislative framework and has many years’ experience in litigation, tax dispute resolution, tax investigations and prosecutions, interpretation of the tax statutes and advising on tax policy and legislation. He possesses a wealth of knowledge in dealings with senior revenue and treasury officials. He holds an LLM in Financial Services with a specialisation in tax and has acted in a number of jurisprudence setting tax matters.

George has extensive experience in regulatory and compliance advisory and litigation and has acted for a number of Kenya’s leading regulators including the Kenya Airports Authority, Communication Authority, Agriculture Food Authority, Energy Regulatory Commission, Kenya Forest Service, Engineers Board of Kenya, National Transport and Safety Authority, NGOs Coordination Board, Kenya Civil Aviation Authority, National Hospital Insurance Fund to name but a few. He is well versed in regulatory law and practice, compliance and governance matters.

George has extensive experience in conducting legal, regulatory, compliance and governance audits and is respected in this field as a leading expert. He has conducted the audits on blue chip companies listed in the bourse, leading corporates, parastatals and other government entities among other clients. His previous and existing clients include Safaricom, Post Bank, Kenya Electricity Generating Company (KenGen), National Hospital Insurance Fund, and Technical University of Mombasa among others. The highly rated Legal, Compliance and Governance Audit practice headed by George is accredited by the Law Society of Kenya.

George also advises clients on public procurement, NGOs and Charities law, employment and labour relations, energy and natural resources, immigration among others. He is also in charge of running training portfolio of the firm.

Educational and professional qualifications

Bachelor of Laws, University of Nairobi 2000
Diploma in Law, Kenya School of Law 2001
Admitted as an Advocate of the High Court of Kenya, 2002
Masters Degree in law (Financial Services Law), University of Nairobi 2017

Membership in professional associations

Law Society of Kenya

Career history

Pupilage: Rachier & Company Advocates, 2000-2001
Management Trainee: Kenya Revenue Authority Training Institute, 2001-2002
Senior Legal Counsel: Kenya Revenue Authority, 2002-2007
Partner: Munyao, Muthama & Kashindi- 2009 to date

Work Highlights

Legal, governance, compliance, regulatory audits.

Team leader in conducting legal, compliance and regulatory audits which entail It reviewed the client’s internal policies, practices and operations of the governing bodies and various departments to assess their compliance with the relevant laws including the Constitution, the establishing and regulating statutes and subsidiary legislation. The previous and existing clients include Safaricom, Post Bank, Kenya Electricity Generating Company (KenGen), National Hospital Insurance Fund, and Technical University of Mombasa, Kenya Literature Bureau, Institute of Certified Public Accountants, Post Office Savings Bank among others.
Team leader in reviewing the legal and policy frameworks to strengthen integrated coastal zone management (ICZM) in Kenya
Team leader of the corporate governance practice area and has been involved in reviewing clients’ corporate governance structures and giving advice on legal, compliance and governance requirements. He has offered tailor made presentations and training sessions to clients’ board members and senior executives on corporate governance and other applicable legal and compliance requirements.
Advised clients on risk assessment and implementation of risk mitigating measures relating but not limited to directors duties, anti-corruption/bribery, anti-money laundering among others.

Tax

Assisted a leading audit firm in challenging a tax assessment raised by KRA in excess ofKshs 600,000 million against an international NGO operating in the Kenya and the region. The case involved complex legal points relating to expatriate tax, installment tax, definition and meaning of residency and interpretation of a number of statutory provisions.
Acted for one of the largest Container Freight Terminals in Mombasa that had been shut down by the Commissioner of Customs Services after a huge assessment of tax. The case successfully challenged the Commissioner of Custom’s power to close the facility and addressed other complex customs legal issues.
Represented one of the largest private universities in successfully pursuing a waiver of tax penalties and interest resulting from an initial assessment of tax by KRA amounting to KShs. 70 million.
Represented a leading company operating in the horticultural sector in appealing a tax assessment of over Kshs 200 million.
Represented a leading Italian company headquartered in Rome Italy running a space research project in Malindi to successfully challenge enforcement action by KRA of freezing the company’s bank accounts. The case addressed developing jurisprudence of striking a proper balance between the enforcement powers of the tax man viv a vis the need to protect a tax payer from the risk of substantial hardship including total collapse due to enforcement action. The court was persuaded to set aside an earlier order for the client to furnish security of a substantial amount and granted an unconditional stay of enforcement action. The monetary exposure was over Kshs 160 million.
Represented a leading export trading company in challenging tax assessment in excess of Ksh 300 million and dealing with complex tax issues touching on various WTO rules including the non-discrimination principle, rules of origin, East African Common tariff classification, and an array of constitutional and administrative law issues.

Regulatory advisory and dispute resolution

Representing and advising an array of regulators of various sectors and public bodies on a wide range of issues and claims airing from their exercise of their regulatory and statutory mandates. Kenya Airports Authority, Communication Authority, Agriculture Food Authority, Energy Regulatory Commission, Kenya Forest Service, Engineers Board of Kenya, National Transport and Safety Authority, NGOs Coordination Board, Kenya Civil Aviation Authority, National Hospital Insurance Fund to name but a few.

Energy

Represented a regulator in the energy sector against representative/class action public interest and consumer protection related claims made against the regulator and other players in the sector concerning several issues touching on electric power billing tariffs among other issues. The value of some of the matters in contention is over Kshs 10 billion.
Representing a regulator in the energy sector against a representative/class action public interest and consumer protection related claims made against the regulator and other government agencies touching on key issues in the energy sector such as power generation, power purchase agreements, deemed energy, financing of power generation projects, Government guarantees, electricity transmission and an array of constitutional issues. The value of the matters under consideration is over Kshs 100 billion.
Team leader in conducting a legal and regulatory audit of a leading player in the energy sector. The audit included visiting critical their installations across the country, reviewing local and international contractual agreements, advising on Power Purchase Agreements, reviewing board and management operations, identifying and advising on legal risks.
Acted for a Government entity operating in the energy sector in responding to compliance summons issued by a County Government relating to their installations within the county.
Acted for a company operating in the geothermal sector in defending a contractual claim of substantial amount of money relating to a multi-lateral donor- funded project for drilling and extraction of steam through the innovative well-head technology.

Public Procurement

Represented a leading Chinese firm which was a successful bidder in a multi-billion donor funded project for the Water and Sanitation Improvement project awarded by one of the public bodies operating in the water sector, in successfully opposing a challenge instituted by a losing bidder before the Public Procurement Administrative Review Board. The matter involved key procurement issues and jurisprudence touching on among other things, locus standi of applicants in a joint venture.
Representing the same Chinese firm in separate proceedings instituted by a different bidder but relating to the same award. Acted for the firm both before the Administrative Review Board and the High Court. The cases addressed notable public procurement matters including the Board’s jurisdiction in disputes emanating from donor funded projects and projects the subject to negotiated grants.
Represented a leading supplier and retailer of tyres and accessories before the Public Procurement and Appeals Review Board in dispute relating to a multi-million tender awarded by a public body in based in Mombasa and operating in the ports sector. The challenge succeeded before the Board but was subsequently overturned on appeal to the High Court.

Non-Governmental and Charities

Retained by several charitable, not for profit and religious organisations on an array of issues ranging from registration processes and documentation, regulatory compliance, tax advice, labour law matters, court representation and advice on contracting processes. Such NGOs include but not limited to Helpage, International Republican Institute, Food For the Hungry among others.

Employment and labour relations

Represented and advised an array of clients drawn from various sectors in a wide range of employment and labour related matters including representations in court, drafting of employee contracts, drafting and reviewing polices and manuals, advice on termination, dismissals, redundancies and restructuring, managing employee-exists, advice on collective bargaining and negotiations, secondment, outsourcing among others.

Lawyers

Josephine L.M. Righa: Hall of Fame Commercial Lawyer in 2024

Published

1 month ago

October 12, 2024

Admin

Josephine L.M. Righa is the Managing Partner of Josephine Righa Advocates.

Josephine L.M. Righa, the Managing Partner of Josephine Righa Advocates, has over 15 years of commercial and corporate law experience and was nominated as the Commercial Practitioner of the year 2023 at the Nairobi Legal Awards. She is listed in THE LAWYER AFRICA Commercial Lawyers Hall of Fame 2024 for her exemplary performance as a commercial lawyer acting for and representing top firms and businesses over the years. Previously, she was listed among the Top 100 Commercial Lawyers in Kenya in 2023.

Josephine has all round experience in commercial and corporate law gained from working as an in-house lawyer for a leading multinational, rising through the ranks from junior associate to the head of commercial and corporate law department of a leading law firm and founding her own commercial law boutique firm serving leading commercial clients and handling high value business transactions.

Josephine graduated in the year 2008 with a Bachelors of Laws Degree from the Catholic University of Eastern Africa and commenced working as legal assistant for Coca-Cola Central East & West Africa Limited from the years 2009. In the year 2011, Ms. Righa pursued her Bar studies and now holds a Post-Graduate Diploma in Law from Kenya School of Law.

She did her pupillage with the firm of Igeria and Ngugi Advocates and was promoted to Associate position upon her admission to the Bar in the year 2012. In the year 2014, she was promoted as a Senior Associate and the head of the Corporate and Commercial Practice of the firm, a position she held until July 2019. She founded Josephine Righa Advocates, a leading commercial and corporate law boutique in Kenya, where she serves as the Principal and Managing Partner

In addition she is a notary public, commissioner for oaths, a registered Patent Agent of the Kenya Intellectual Property Institute and is currently pursuing a Certified Public Secretaries (CPS) certification. She is also certified professional trainer in Legal Audits and Compliance, Corporate Governance, Private Public Partnerships and Contract Management & Administration (specifically trained on Contract Negotiation, Contract Drafting and review, Changes and Variations in Contracts, Dispute Avoidance & Resolution and Contract Administration Overview).

Josephine is keen on corporate governance issues and having been professionally trained by the Centre for Corporate Governance (CCG) Kenya and the Institute of Directors (IOD), Kenya, she now is an Associate Member of IOD-Kenya. Further, she is a certified professional mediator having been professionally trained by Mediation Training Institute (I) East Africa to mediate disputes in a variety of spheres including but not limited to commercial, workplace, community and family disputes.

Lawyers

Mwangi Kibicho: Top Statesperson in Commercial Law in 2024

Published

1 month ago

October 12, 2024

Admin

Mwangi Kibicho, Managing Partner of J.K. Kibocho & Co. Advocates and Top Commercial Lawyer in Kenya

Practice Areas:
Dispute Resolution, Commercial & Corporate Law.

Membership in professional societies:
Law Society of Kenya
East Africa Law Society

Email: mwangi@jkkibicho.co.ke

Credentials:
• MBA – Global Business Management (MBA – GBM), United States International University (USIU)
• Postgraduate Diploma in law, Kenya School of Law.
• Bachelor of Laws, LL.B (Hons), Moi University.

Mwangi Kibicho is a consummate and versatile advocate with a wealth of experience in legal matters. He demonstrates dynamism in his hands – on approach to the law. Having been in the legal practice since 2002, when he joined J.K. Kibicho & Advocates, he has risen through the ranks to the position of Managing Partner.

Work Experience

Advising a multinational corporation, which intended to invest in the lending pool in Kenya, on the legal aspects of off-shore lending and the legal procedures and structures on microfinance in Kenya.
Acting for a company in the transfer of 1,000 acres of its land in Naivasha to the Government of Kenya for the development of an industrial park being part of the Government’s targeted key elements of infrastructural growth.
Advising one of the first Drone Clubs in Kenya in registration of the drones, to engaging with several Kenya Civil Aviation officials for authorization and holding discussions on the proposed legal regulations of drones in Kenya.
Advising a client on the incorporation of its leading mortgage association in the country, engaging various stakeholders in the mortgage industry, and advising the client on the legal structures and impact of the same as well as making recommendations on the implementation of the association’s objectives.
Acting for a company in advising and preparing documentation for transfer of more than 10,000 acres of its land to its shareholders as non-cash dividends.
Acting for the leading management agency for small scale tea farmers in Kenya in their hydropower projects in various parts of the country, advising on project management analysis and review, engaging the involved stakeholders on the project execution, preparing and perfecting the necessary documentation.
Conducting high level research and advising a client in preparation of a Memorandum of Understanding between the Turkana County Government and a limited liability company incorporated in Kenya for exploration and development of the Barrier Volcanic Complex Geothermal in Turkana County, Katilia Ward.
Preparation, negotiation and registration of residential and commercial leases for various developments in the country.
Drafting and conducting high level negotiations of various contracts.
Attending to registration of trademarks for several large companies and individuals.
Advise and facilitating one of our major clients seeking to establish a Public Private Partnership on the government’s Affordable Housing Programme (AHP).
Conducting research and opinion writing to clients on various legal matters.
Setting up both internal and external legal and practice trainings as well as presentations.
Participating in the Commercial Practice Committee under the LSK, Nairobi Branch which seeks to set up proper practice standards related to Commercial law in Kenya and championing for harmonisation of the laws related to the same.
Participating in the Lands Registry Liaison Committee under the LSK, Nairobi Branch which seeks to identify and resolve the issues in the lands registries.