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.
Njoki Mboce: I am Members Project for LSK President
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)
Way Forward in Ensuring Just Transition in Climate Justice
By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 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 Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
In order to embrace just transition, it is imperative to build a climate resilient and integrated sustainable energy sector in Africa and other regions which are vulnerable to the impacts of climate change. It has been observed that Africa has rich energy and mineral resources including lithium, graphite, cobalt, nickel, copper, and rare earth minerals all of which provide new market opportunities for the green transition. This coupled with the Continent’s renewable energy potential means that Africa has the capacity to achieve just transition to an equitable and inclusive low-carbon future.
It has correctly been observed that Africa has immense potential for renewable energy including wind, solar, hydro, bioenergy, ocean tidal waves, geothermal among other renewables. It has been pointed out that in order to ensure delivery of global climate change mitigation goals, developing countries will need to drive investment towards building a renewable energy infrastructure that can serve their populations into the future and not drive further climate breakdown.
A just transition promotes the shift towards renewable sources of energy and sustainable practices, reducing the reliance on fossil fuels and mitigating the impacts of climate change. It is therefore important for developing countries to embrace just transition by promoting renewable sources of energy in order to achieve climate justice and energy justice. It is also essential to integrate just transition initiatives in national climate action plans and adaptation plans.
It has been observed that the importance of just transition is increasingly being recognized by governments worldwide as they cite just transition principles in their short- and long-term climate plans known as Nationally Determined Contributions (NDCs) and Long-Term Strategies (LTSs). Embedding just transition strategies within short and long term climate plans like NDCs and LTS, can help governments stay focused on the urgent task at hand of rapid decarbonization, while also striving for fair and inclusive outcomes.
In Kenya, the National Climate Change Action Plan enshrines the principles of just transition and seeks to foster an equitable and inclusive climate response which ensures an electricity supply mix based mainly on renewable energy that is resilient to climate change and promotes energy efficiency; encourage the transition to clean cooking that reduces the demand for biomass; and reduced exposure and vulnerability of the country, and especially of the poor and vulnerable groups, to climate disasters and shocks. It is therefore necessary for countries to incorporate just transition initiatives in their NDCs and LTSs in order to achieve efficient climate outcomes. This will demonstrate commitment towards achieving climate justice while securing public support for ambitious and stronger climate action.
Further, there is need to unlock and align climate finance with the idea of just transition. It has been argued that governments have an obligation to mobilize sustainable, affordable, predictable and long-term finance from public and private, domestic and international sources, and aligning public and private financial flows and public procurement to the objectives of a just transition. According to the UNFCCC, increased climate finance is needed to effectively address the challenges and seize the opportunities of just transitions in country-specific and sector-specific pathways considering the local circumstances.
Climate finance has been identified as a key tool towards fostering climate justice since it recognizes the inequalities between countries with developing countries being the most vulnerable to the effects of climate change and thus requiring financial resources to aid their mitigation and adaptation programmes86. It is therefore imperative for all countries and especially developing countries to unlock climate finance from multiple sources including public, private and multilateral sources in order to achieve just transition by addressing the socio-economic impacts of climate change and addressing climate inequalities more broadly through efficient mitigation and adaptation strategies.
In addition, it is necessary to embrace and enhance technology transfer between developed and developing countries in order to enhance the capacity of the former to later to embrace just transition. It has been pointed out that developing countries have vast renewable potential, but are unable to realize it as long as they are constrained by lack of access to green technologies. Without access to environmentally sound technologies, developing countries in particular least developed countries, will not be able to meet mitigation targets and will be forced to continue using carbon-intensive technologies resulting in climate and sustainability concerns.
Transferring low-carbon and green technologies to those most at risk of climate crisis is critical, among a range of other measures, to ensure that people can respond and adapt to the threat of climate change. Technology transfer can support the climate agenda in developing countries for energy and other sectoral transitions.
The Paris Agreement acknowledges the importance of technology for the implementation of mitigation and adaptation actions and urges countries to promote and facilitate enhanced action on technology development and transfer in order to support the implementation of the Agreement. It is thus pertinent for developed countries to promote transfer of low-carbon technologies including green technologies in developing countries in order to support climate action in such countries.
Developing countries should on the other hand remove barriers to green technology transfer including Intellectual Property barriers and revise bilateral and multilateral trade agreements that present a barrier to transfer initiatives. Finally, there is need to foster capacity building in order to effectively realize just transition. One of the key challenges in achieving climate justice through just transition has been identified to be inadequate national capacity on just transition initiatives.
Capacity building can strengthen individual and institutional capacities on just transition in key areas such as policymaking, cross-sectoral coordination, and stakeholder participation. It can further enhance the ability of the public to be involved in key decisions in the journey towards just transition. It has been pointed out that participation and engagement are crucial for achieving just sustainability transitions.
Capacity building is therefore integral in achieving just transition. It is thus necessary for all countries and especially developing states to strengthen their legal, institutional, technical, human, social and financial capacity in order to embrace just transition. The above among other measures are necessary in order to achieve equitable and inclusive just transition towards climate justice.
*This is an extract from the Book: Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior 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 National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. 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. Prof. 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 2024 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.
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Dr. Paul Ogendi AI Agenda for LSK Upcountry Representative
Dear Esteemed Members of the Law Society of Kenya,
As your candidate for Up-Country Representative for the term 2024-2026, I am committed to advancing our legal profession and embracing the transformative potential of artificial intelligence (AI). Here are actionable steps to implement my agenda concerning AI in the legal sector:
1. Education and Awareness:
- Organize workshops, webinars, and seminars to educate legal practitioners about AI technologies, their applications, and ethical considerations.
- Collaborate with universities and legal institutions to integrate AI courses into legal education curricula.
2. Research and Development:
- Establish a task force or committee focused on AI research within the Law Society.
- Encourage legal professionals to explore AI tools for legal research, document review, and case prediction.
- Foster partnerships with tech companies and research institutions to develop AI solutions tailored to legal needs.
3. Ethical Guidelines:
- Develop clear guidelines for the responsible use of AI in legal practice.
- Address concerns related to bias, transparency, and accountability in AI algorithms.
- Promote adherence to professional ethics while leveraging AI tools.
4. Automating Routine Tasks:
- Identify repetitive tasks (such as contract review, due diligence, and legal research) that can be automated using AI.
- Invest in AI-powered tools to streamline administrative processes, allowing lawyers to focus on complex legal issues.
5. Legal Analytics and Predictive Modeling:
- Encourage law firms and practitioners to adopt AI-driven analytics platforms.
- Leverage predictive models to assess case outcomes, identify trends, and make informed decisions.
6. Client Services and Communication:
- Implement AI chatbots for client inquiries, appointment scheduling, and basic legal advice.
- Enhance communication channels through AI-driven tools to improve client satisfaction.
7. Data Security and Privacy:
- Address data protection concerns by ensuring compliance with privacy laws.
- Collaborate with cybersecurity experts to safeguard sensitive legal information processed by AI systems.
8. Collaboration and Networking:
- Engage with other legal associations, tech communities, and government bodies to share best practices.
- Attend AI conferences and forums to stay updated on advancements and network with industry experts.
Remember, our goal is not to replace lawyers but to empower them with AI tools that enhance efficiency, accuracy, and access to justice. Let us embrace this technological evolution while upholding the highest standards of legal practice.
Dr. Paul Ogendi,
Up-Country Representative 2024-2026
Law Society of Kenya.
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