Njeri Kariuki

Njeri is an advocate who has specialised in resolving disputes through arbitration and ADR. During the course of her career, she has delivered awards as a sole arbitrator spanning the petroleum, insurance, banking, industry & corporate sectors, mainly in the domestic arena. Njeri has also sat on several three panel tribunals, as co-arbitrator, determining disputes in similar sectors. Besides being an arbitrator, Njeri is also an accredited mediator and is listed as a trainer & a tutor of several courses with the AFL of the Chartered Institute of Arbitrators. In addition, Njeri currently chairs a Dispute Ajudication Board set-up to midwife an international geothermal project to fruition. In her primary profession as an advocate, Njeri takes on, in the main, non-contentious matters in the realm of real estate (conveyancing) law, probate & succession, commercial contracts, company/business formations & company secretarial matters.

WORK HIGHLIGHTS

·         Nomination by the Government of the Republic of Kenya to the Panel of Arbitrators at ICSID

·         Attaining Chartered Arbitrator status in 2008

·         2014, 2015 & 2016 Citations in Chambers Global as a Leading Individual

·         A Citation in the 2015 Edition of Euromoney’s Expert Guide on Commercial Arbitration

·         Appointment in 2015 as a Recommended Attorney by Global Experts

CAREER

Trained with Kaplan & Stratton, Advocates (1987/88) and was admitted to the Kenyan Bar in December 1988. Associate with Walker Kontos, Advocates 1988-1990; Partner, Walker Kontos, Advocates 1990- 1992. Proprietor of Njeri Kariuki Advocate since 1993 and a Chartered Arbitrator since August 2008.

PROFESSIONAL MEMBERSHIPS

Committee Member of the Kenya Branch of the Chartered Institute of Arbitrators; Member of the Law Society of Kenya & East Africa Law Society, FIDA; Fellow of the Institute of Certified Public Secretaries of Kenya; Fellow of the Chartered Institute of Arbitrators; Member, LCIA African Users Council, Member, Dispute Resolution Board Foundation; Member, ICCA.

PUBLICATIONS

Njeri has published on international commercial arbitration, commercial mediation and litigation.

EXPERT IN THESE JURISDICTIONS

World-wide as an arbitrator and adr practitioner; Republic of Kenya.

PERSONAL

After a two year stint at the University of Nairobi, Njeri completed her BA at York University, Toronto, then went on to study Law at Queen’s University, Kingston, Ontario. Njeri holds a Diploma in International Commercial Arbitration (CIArbn., Keble College, Oxford) and lives in Nairobi all year round where she thoroughly enjoys the company of her 3 children. She is a travel, kick-boxing & power-walking enthusiast.

 

Charles Waweru Gatonye

With over 30 years of experience, founder of the firm & Senior Partner Mr. Charles Waweru Gatonye is widely regarded as a “high-class and outstanding lawyer” in his field of commercial litigation. He graduated from the University of Nairobi in 1974 with L.L. B (Honours). He is also an advocate having worked in the office of the Attorney General and rose to become a deputy to the then Director of Public Prosecutions.

He is a member of the Law Society of Kenya, the National Advocates’ Disciplinary Committee, East Africa Law Society, international Commission of Jurists as well as the International Chartered Institute of Arbitrators. He is also a Certified Public Secretary. He has had the singular honour to be appointed by His Excellency the President of Kenya as an Assisting Counsel to the just concluded Goldenberg Inquiry investigating the loss of billions of shillings of public funds.

Mr. Gatonye was also appointed by the Central Bank of Kenya as lead counsel to the Commission of Inquiry into the sale and transfer of the Grand Regency, (the Kimunya Commission).

He has a lot of experience in court work and has litigated at the highest levels in our country. Some of the big litigations Mr. Gatonye has handled in the past include Central Bank of Kenya Versus Uhuru Highway Development Authority worth KShs 13.5 billion and Block Hotels Holdings Versus Kamlesh Pattni, again worth billions of shillings. He is currently involved in a number of litigious briefs for the Kenya Revenue Authority relating to unpaid taxes for sums of more than USD 45 million.

Waweru Gatonye & Company Advocates

Established in May, 1985, Waweru Gatonye & Company Advocates has built a name for itself as one of Kenya’s finest commercial practice firms.

The firm maintains a very good team of litigators and has made an impression in several important fields, including corporate/commercial litigation, conveyance & property matters and arbitration. Specializing in commercial litigation as well as conveyance & property matters, the firm provides pragmatic, solution driven services that add value to our clients’ businesses.

The Firm has grown rapidly in recent years, and embraces an internal culture of motivation, commitment, enthusiasm, and reward. For our clients, their interests are paramount and with that in mind, we offer sound commercial legal services, delivered with total professional commitment. For our employees, we have created an environment of energy, expertise, reward and enthusiasm.

Our objective is to provide professional and excellent legal services and advice while remaining sensitive to the clients’ needs and professional ethics. We aim at being efficient, remaining faithful to the law while sustaining professional relationships with our clients.

 

Benjamin Musau

Benjamin Musau is a Kenya Advocate and the Managing Partner of B M Musau & Co., Advocates, a position he has held since 1999.  He has previously been a Partner in Kaplan & Stratton, where he worked since 1988.  His work encompasses tax legal, regulatory reforms, county government law and reform, reduction of administrative burdens, the structure of business entities, joint ventures, acquisitions, banking, foreign investment, corporate and commercial law, complex litigation and alternative dispute resolution (mediation, negotiations and arbitration).

Ben led the Local Government 2008-2010 World Bank financed Subnational Competitiveness Study of Local Governments, a precursor to the transformation of local governments to County Governments under the Constitution of Kenya, 2010.

He spearheaded the 2005-2008 Regulatory Reforms for Business Activities in Kenya (financed by the World Bank through the Ministries of Finance and Trade & Industry) which have led to substantial reduction of red-tape in Kenya.  This work involved working closely with state corporations, national government regulators, ministries, local and municipal governments in Kenya to review and reform government licenses, rules and regulations, and subjected the Single Business Permit along with other national, local and municipal licenses and permits to careful local, regional and international scrutiny and reform.  The Single Business Permit constituted a substantial portion of income for the then local authorities in Kenya, and there was great private sector pressure to delete it.  Ultimately, it was agreed to reform the Single Business Permit substantially and to gradually replace it with a local business tax collected on behalf of local authorities (now County Governments) by the Kenya Revenue Authority.

The 2005-2008 Regulatory Reforms work entailed the review of all the laws, rules and regulations in force in Kenya at that time, and the publication of the first ever list of business licenses obtaining in Kenya in 2007.

Ben’s regular work also involves corporate commercial legal work and complex litigation including alternative dispute resolution.

Ben is involved in the initiatives to Brand Kenya.  He was invited by the Marketing Society of Kenya and gave the first paper from a legal perspective of branding Kenya while he has subsequently been involved in providing legal expertise which led to the publication of the Investors Guide to Kenya by UNCTAD.  He is also involved in a number of World Bank Group supported regulatory reform improvements in Sudan, Tanzania, Madagascar and Bangladesh, among others.

Ben has acted as a consultant for KIPPRA and the Kenya Law Reform Commission in facilitating a retreat for business people and Government representatives on the challenges to investment in Kenya.

He has made in-depth study on international taxation and financial services law involving current trends in international compliance (anti-money laundering, anti-corruption and counter terrorism financing), international tax and tax treaties, anti-avoidance legislation and tax risk management, global e-commerce taxation, financial instruments, law of banking and financial institutions, international legal research and writing, information security and cybercrime law, , and wrote a Thesis in 2011 on the Extent to Which Kenya Had Implemented the then 40+9 (now consolidated 40) FATF Recommendations on Anti-Money Laundering and Counter-Terrorism Financing.

Benjamin is currently a candidate for the award of Ph.D on the topic of anti-money laundering, anti-corruption and counter-terrrorism financing within the context of international taxation and financial services law.

Ben is involved in the initiation of Continuing Legal Education for lawyers through the Law Society of Kenya where he has given initial CLE courses based on Managing a Law Firm and Case Management.

Benjamin is currently training the Kenya Police on anti-money laundering, anti-corruption and counter-terrorism financing.

Benjamin is currently a lecturer at the University of Nairobi, School of Law.

 

Amyn Mussa

Amyn Mussa is a partner and head of the energy and infrastructure group at Anjarwalla & Khanna (A&K), one of the premier law firms in Kenya and East Africa. Under Amyn’s leadership, A&K has developed a dynamic energy practice and is regularly engaged on the most significant power and infrastructure projects in Kenya. Amyn acted for the sponsors of the 310MW Lake Turkana Wind Power Project (LTWP), the largest power generation project in Kenya. LTWP won the Project Finance International Award for African Renewable Energy Deal of the Year 2014, as well as the African Renewables Deal of the Year at the IJGlobal Awards 2014 for Europe & Africa. He also acted for the government of Kenya on its first ever PPP coal concessions.

Amyn’s clients include Quantum Power, General Electric, Ormat, Transcentury, Symbion Power, IFC, AIIM, Mitsui, Toyota Tsusho and Google. With over 18 years of experience, Amyn is consistently recognised by international directories, including The Legal 500, IFLR1000 and Chambers Global, which identified him as “one of the leading guys in energy work in Kenya” (2014) and praised him for “his energy and projects expertise” (2015). Amyn has also handled groundbreaking real estate projects in the region, including Two Rivers, Centum Investment’s 100 acre mixed-use development, the largest of its kind in Kenya, and Garden City which will include the largest retail outlet in Kenya. In addition, Amyn is active in the oil and gas sector, representing leading companies such as Tullow and Africa Oil. Amyn is an advocate of the High Court of Kenya and graduated from the University of Houston Law School.