Dr. Kariuki Muigua
Dr. Kariuki Muigua is a distinguished Arbitrator, certified law graduate and holds a PhD in Law from the University of Nairobi. He has been an advocate in the High Court of Kenya for over 30 years, and his law firm, Kariuki Muigua & Co. Advocates, specializes in environmental law and natural resource research and practice, ADR, constitutional law and commercial law litigation. He teaches law the Centre for Advanced Studies in Environmental Law and Policy (CASELAP).
Dr. Muigua is also the recipient of the 2021 Alternative Dispute Resolution (ADR) Practitioner in Kenya, awarded by the Nairobi Legal Awards. Dr. Muigua was also recognized as one of Kenya's top arbitrators in commercial, constitutional and environmental law by the 2021 edition of the Chambers Global Guide.
He has widely published in the areas of environment and natural resources, ADR and access to justice.
Dr. Muigua recently published a book on "Settling Disputes through Arbitration in Kenya. ( 4th Edition 2022).
The book seeks to promote knowledge on the key aspects of arbitration “I recommend this book to ADR students, teachers and tutors of ADR, ADR practitioners and to the general public interested in acquiring knowledge on the various ADR mechanisms in Kenya and their role in resolving or settling disputes occurring in everyday life. Says Dr. Muigua
Dr. Muigua has also published two articles with the Alternative Dispute Resolution Journal 2022
Negotiating Dispute Settlement terms in Bilateral Investment Treaties (BITS) and Economic Partnership Agreements (EPAs)
Abstract: This paper critically discusses the investor-state dispute settlement and other aspects of investment treaties or agreements that are likely to defeat the original purpose of BITs, that is, promoting trade and investment for national development for both the domestic and host states. The discussion is mainly in the context of developing world and focuses on the main aspects that negotiators should look out for in order to ensure that such treaties facilitate trade and investment in a mutual way between contracting states, especially where the host country is from the developing world.
The second article is on; Africa’s Role in the Reform of International Investment law and the Investor State Dispute Settlement (ISDS) System
This paper explores the role of Africa in such reforms. It calls for a more active and meaningful involvement of African countries in the ISDS reforms debate as a way of ensuring that any continued use of ISDS does not adversely affect the development agenda of the African states and the continent in general.
Abstract: One of the global key drivers of development is investment, with most investors moving from the developed world to invest in the developing regions of the world, which are rich in natural resources such as the African continent. These investment activities naturally come with disputes. However, most of these investors do not have faith in the ability of the domestic judicial system of the host countries to address these disputes if and when they arise. As a result, the key players put in place the investor state dispute settlement system to handle such disputes, a system that is designed to work to a large extent independent of the host country’s legal and institutional framework. However, most of the host countries which are mainly from the developing world have over the years complained that the investor state dispute settlement system is unfairly designed to favour the investors at the expense of the interests of the host states. Most of them have therefore been pushing for reforms. This paper explores the role of Africa in such reforms. It calls for a more active and meaningful involvement of African countries in the ISDS reforms debate as a way of ensuring that any continued use of ISDS does not adversely affect the development agenda of the African states and the continent in general. In addition, African countries must move from being investment rule-takers to being part of the rule makers.
He also published two articles in the Journal of Conflict Management and Sustainable Development
Fulfilling the Right to Water as a Socioeconomic Right for the People of Kenya
Abstract: Water is considered to be a basic human right both under international and national laws. In fact, the right to water is considered as part of the socioeconomic rights. As such, all states the world over are expected to work towards ensuring that their citizens have access to clean and adequate amounts of water. However, for most states, including Kenya, this remains a challenge. This is attributable to climatic, political, economic and social reasons. This paper critically discusses these challenges that have hindered the realization of this right in Kenya and offers some recommendations on how the same can be overcome as part of realization of the constitutionally guaranteed socioeconomic rights in Kenya.
Utilizing Science and Technology for Environmental Management in Kenya
Abstract: The paper advocates for the use of science and technology for environmental management in Kenya. It critically discusses environmental management tools in Kenya, which include the law, ethics, Environmental Impact Assessment, market forces and institutions such as national courts and tribunals and the public while pointing out their shortcomings. The paper argues that environmental management tools in Kenya have not been fully effective in environmental protection and conservation as evidenced by several environmental concerns such as pollution and degradation. It presents a case for the enhancement of science and technology as an environmental management tool in Kenya in order to effectively achieve the right to a clean and healthy environment and promote sustainable development.
We Salute Dr. Muigua and celebrate him for being an exceptional teacher, scholars & prolific author
