The Managing Partner of Kariuki Muigua & Company Advocates Dr. Kariuki Muigua has been shortlisted as one of the Finalists in the 4^th Edition of the Nairobi Legal Awards christened the Phoenix Edition for the Alternative Dispute Resolution (ADR) Award of the Year. He has been recognized for his excellence in practice as an arbitrator, adjudicator, mediator and negotiator as well as an ADR scholar and prolific writer of the leading ADR textbooks and practice guides and hundreds of articles and papers in arbitration, mediation, adjudication, negotiation and conflict management. Dr. Muigua is also being recognized for his pivotal role in spearheading thought leadership in ADR in Kenya as the Editor in Chief of the Alternative Dispute Resolution Journal of the Chartered Institute of Arbitrators (Kenya Branch).

Dr. Kariuki Muigua is a leading Alternative Dispute Resolution (ADR) practitioner in Kenya, Africa and the world at large. He is a renowned arbitrator and has been appointed by the Chartered Institute of Arbitrators (CIArb)-Kenya, the Law Society of Kenya (LSK), the Nairobi Centre for International Arbitration (NCIA), the London Court of International Arbitration (LCIA) and the International Court of Arbitration under the auspices of the International Chamber of Commerce (ICC) on several occasions as a sole arbitrator and a member of arbitral tribunals in arbitrations involving commercial disputes. He has vast experience and expertise in adjudication and has sat as both as a panel member and a chairperson in various adjudication Boards both locally and internationally.

In addition, Dr. Muigua is an accomplished mediator and has successfully presided over numerous matters both as a private mediator and a court appointed mediator under the Court-Annexed Mediation program in Kenya. Dr. Muigua was Accredited/Certified as a Professional Mediator by the Mediation Training Institute (International) (MTI) in 2015. His doctorate research was in the area of Mediation as a way of resolving environmental conflict and he wrote, completed and successfully defended his PhD Thesis on the title: “Resolving Environmental Conflicts in Kenya through Mediation” at the University of Nairobi on 02/12/2011 focusing on the areas of Public Participation, Mediation and Environmental Democracy.

Dr Muigua is a member of leading national, regional and international professional bodies. He is a Fellow of Chartered Institute of Arbitrators (CIArb)-Kenya chapter. He is a Member of the Chartered Institute of Arbitrators, London Court of International Arbitration (LCIA) (2002), Meditation Accreditation Committee Panel of Mediators Accredited for Commercial Mediation (The Judiciary, Republic of Kenya), Kigali International Arbitration Centre (KIAC) International Panel of arbitrators, Nairobi Centre for International Arbitration (NCIA) Panel of International Arbitrators, Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Arbitrators and Nairobi Centre for International Arbitration (NCIA) Panel of Domestic Mediators.

Dr. Muigua is also a Tutor at the Chartered Institute of Arbitrators-Kenya Branch where he teaches and researches on Alternative Dispute Resolution Methods at all levels, namely: entry level, Associate level, Member level and fast-track to fellowship level. He is authorized and accredited to run courses on Mediation, Adjudication, Negotiation, Conciliation and generally conflicts resolution using ADR methods. He is also an Assessor at the Chartered Institute of Arbitrators for interviewing and assessing prospective Chartered Arbitrators. Dr. Muigua is also a member of the teaching faculty of the Nairobi Centre of International Commercial Arbitration (NCIA) on ADR. As a Senior Lecturer at the University of Nairobi, his training and teaching experience spans, among others, International and Domestic Commercial Arbitration and Mediation.

Dr. Kariuki Muigua was the Chairman of the Chartered Institute of Arbitrators Kenya Branch (CIArb-Kenya) from 2012-2015. He was elected (unopposed) to the Chartered Institute of Arbitrators (CIArb) Board of Trustees as the Regional Trustee for Africa, for the term beginning 1 January 2019. In 2020, Dr. Kariuki Muigua was appointed to the National Steering Committee for Formulation of the Alternative Dispute Resolution Policy representing the Academia. The duties of the Committee include providing guidance and overseeing the process for formulation of a national policy and institutional framework on Alternative Dispute Resolution (ADR).

He is recognized nationally and globally as an ADR Practitioner, with the Chambers and Partners rating him as one of the best dispute resolvers in the country. In the 2021 Ranking, he was described as ‘a highly respected arbitrator and mediator with a sterling background in commercial and constitutional cases, as well as matters relating to the environment and natural resources.’ This was further affirmed in recent rankings where Chambers and Partners stated as follows: “Kariuki Muigua of Kariuki Muigua & Co is held in high regard by market commentators for his role in the Kenyan arbitration sphere. He possesses stellar experience in commercial and constitutional disputes, as well as environmental matters and those relating to the extractive industries. In addition to being “a big noise in the arbitration association,” he is widely recognized for his academic work.”

In the last year alone, Faith Macharia and the Anjarwalla and Khanna Litigation and Dispute Resolution Team have registered wins of gigantic magnitude whose impact has been felt across Africa and beyond and made much difference to the commercial interests of their clients. Two major cases stand out above all as confirmation that the A&K Dispute Resolution Team more than deserves the Litigation and Dispute Resolution Award 2021 it was recently awarded at the African Legal Awards: Kioo Case (East African Case) and the Minimum Tax Case (Kenyan Case). The common threads in these two precedent setting cases is Faith Macharia’s role as lead counsel or lead co-counsel and how the Anjarwalla & Khanna Team innovated to deliver these wins against all odds.

The Kioo Case (Kioo Limited v. Attorney General of the Republic of Kenya), which featured in the Anjarwalla & Khanna Litigation and Dispute Resolution Award citation, was a reference filed at East African Court of Justice (EACJ) on behalf of the Tanzanian glass manufacturer challenging the introduction of a 25 per cent excise duty on imported glass by Government of Kenya. Faith and the A & K Team argued on behalf of Kioo Ltd that since the Excise Duty Act does not grant exemptions to goods imported into Kenya from the EAC Partner States, the new excise rate of 25% was discriminatory as it will apply to glass imported into Kenya from Tanzania and other Partner States and inhibited the free movement of goods as envisaged in the spirit of the EAC Treaty, the Customs Union Protocol and the Common Market Protocol.

“The result is that the price of glass bottles exported into Kenya by Tanzania has become more expensive than locally manufactured glass in Kenya and therefore Kenyan companies have reduced their glass demands/imports from Tanzania… and are likely to stop importing glass from Tanzania and any other glass bottle manufacturers within the EAC Partner states,” argued Anjarwalla & Khanna on behalf of Kioo. In the end, Faith Macharia and the A&K team succeeded in obtaining the much-needed interim orders in favour of Kioo Limited with EACJ halting the implementation of the 25 percent excise duty on imported glass bottles into Kenya from the other East Africa Community (EAC). The decision has immensely impacted many businesses within the six (6) EAC members’ states importing glass and glass bottles into Kenya.

If Kioo case confirmed Faith Macharia as one of the most versatile next-generation commercial litigation lawyers in East Africa, her latest win annulling the implementation of the Minimum Tax goes to prove she is determined to sustain that momentum going into the future. Faith, acting on behalf of Kenya Association of Manufacturers and others petitioners, was part of the team of lawyers who successfully petitioned and convinced the High court of Kenya to declare the minimum tax unconstitutional. They were able to convince Justice George Odunga, as he noted in the Judgement: “It results in diminishing capital for those making losses, while for those making profits the capital base is unaffected.” This is just one of the many career defining litigation and arbitration wins Faith Macharia has under her belt.

In the 2021 Edition of The Legal 500, Faith Macharia has been ranked as a Next Generation Partner in Employment Law Practice and as a Key lawyer in Dispute Resolution in Kenya. One of the leading corporate decision makers quoted by The Legal 500 said: ‘Faith Macharia has unique legal capabilities. Her ability to grasp issues and argue them out in court is beyond any experience I have come across.’ Another one added: ‘We have been especially impressed with Faith Macharia and her demonstrable commitment to excellence and attention placed on assisting us to achieve our objectives.’ The Legal 500 added that “Faith Macharia is an up-and-coming name in employment disputes.” Chambers & Partners ranks Faith as a lawyer to watch in dispute resolution in Kenya and one who has “very good insights and is always on top of facts and strategy.”

Faith has been at Anjarwalla & Khanna for almost a decade having joined the firm as an Associate in 2012. She was promoted to A&K Partner in the A&K Dispute Resolution Department in January 2020 and is part of the Award-Winning and Africa’s Litigation and Dispute Resolution Champions of the Year. She is involved in representing the A&K’s clients in domestic, regional, and international forums including lower and superior courts, judicial and quasi-judicial tribunals and arbitration and other forums. She handles diverse matters including complex commercial disputes, trade disputes, employment disputes, shareholders’ disputes, land disputes, tax disputes and enforcement proceedings of local and international arbitral awards in Kenya.

Faith has built a strong reputation acting for clients in international arbitration and is a co–author of the 6th, 7th, 8th, 9th and 10th editions of the International Arbitration Review, Kenyan Chapter. In 2016, she was seconded to Stephenson Harwood, one of the world’s leading commercial litigation and international arbitration law firms, to broaden her perspective in International Arbitration. She has been a panelist on arbitration topics in the region in numerous forums including the 2016 and 2020 East Africa International Arbitration Conference.

In addition, she has a well-earned reputation as Anti-Corruption Law Expert having served as member of the Technical Committee on drafting Regulations and Guidelines under the Bribery Act in Kenya. She is the co–author of the Kenyan Chapter of the 2018 Chambers Anti-Corruption Global Practice Guide. Recently, she advised a large multinational in connection with anti-bribery allegations against the senior management of its affiliate company in Kenya on the Kenyan anti-bribery laws. She also acted for a client together with White and Case, the New York-based global law firm, in connection with bribery allegations in Kenya.

Faith is an Advocate of over 11 years’ post-admission standing in Kenyan bar. In 2020, she was nominated by the Law Society of Kenya, Nairobi Branch under two separate categories, Best lawyer of the Year and Pupil Master of the Year, 2020. Faith is also one of the 11 member of the Law Society of Kenya Committee on Law Reform, Devolution and Constitutional Implementation. She holds an LLB (2nd Class Honours, Upper Division) from University of Nairobi and a Diploma in Law from Kenya School of Law. She is a member of the Africa Legal Network (ALN), Law Society of Kenya and East African Law Society.