Prof Githu Muigai, S.C

Professor Githu Muigai hold an LLB and a PhD from the University of Nairobi, an LLM from the Colombia University Law School and Diploma in law from the Kenya School of Law. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb).

He was called to the Bar in 1985. He specializes in public procurement law, corporate finance, civil and commercial litigation. He is a recognized company on bank securities. In addition to the practice of Law, he is the immediate former Attorney General of the Republic of Kenya.

 

PROFESSIONAL MEMBERSHIP

  • Law Society of Kenya
  • The East African Law Society
  • International Bar Association
  • Commonwealth Lawyers Association
  • International Commission of Jurists
  • African Bar Association
  • Chartered Institute of Arbitrators, UK;
  • Permanent Court of Arbitration – The Hague;
  • Republic of Kenya’s designee to ICSID panel of Arbitrators
  • Chartered Institute of Arbitrators (Kenya Branch);
  • International Chamber of Commerce;
  • Institute of Public Secretaries
  • Nairobi Centre for International Arbitration – Kenya

PROFESSIONAL QUALIFICATIONS

  • Admitted as an advocate of the High Court of Kenya (1985)
  • Fellow of the Chartered Institute of Arbitrators (FCIArb)

AREAS OF EXPERTISE
•    Public procurement law
•    Corporate finance
•    Civil and commercial litigation

AWARDS AND ACCOLADES
•    Elder of the Golden Heart, National Award, Republic of Kenya.
•    Senior Counsel (SC)- Law Society of Kenya
•    Visiting Associate Professor of Law, Widener University Law School, Delaware USA. Fall Semester 1995,
•    Ford Foundation Fellow, 1991 – 1992,
•    Fulbright Scholar, 1985 – 1986 (U.S.A.),
•    Winner of the Gandhi Smarak prize for best final year student, University of Nairobi, 1984,
•    Winner of the Kaplan and Stratton Advocates, prize for the best final year Student, 1984,
•    Winner of the Hamilton, Harrison, and Mathew’s prize for best graduating Student, 1984,
•    Best Student, Third Year Law Class, University of Nairobi, 1984,
•    Winner, the Hamilton, Harrison, and Mathews Advocates Prize for best Law Student,  1981,
•    Best Student, First Year Law Class, University of Nairobi, 1980.

SUMMARY OF TOP MATTERS HANDLED

  • Represented the litigants in an international arbitration at the International Centre for Settlement of Investment Disputes (ICSID) in a dispute between Cortec Mining Kenya Limited, Cortec Pty Limited and Stirling Capital Limited v the Republic of Kenya (ICSID Case ARB/15/29).
  • Represented the Republic of Kenya before the International Chamber of Commerce (ICC) in Kinangop Wind Park Limited vs the Government of the Republic of Kenya (ICC No. 21728/TO).
  • Moved the Supreme Court of the Republic of Kenya to give an advisory opinion as to whether the two-thirds gender principle is to be realized by the first general elections under the Constitution of Kenya (2010) or to be realized progressively over a long period of time in Supreme Court Advisory Opinion No. 2 of 2012.
  • Provided a consultancy services in carrying out a detailed analysis aimed at implementing an integrated East Africa Broadband ICT Infrastructure Network (EAC-BIN) that will provide cross border connectivity between EAC Partner States and link up with global gateways through submarine cable systems.
  • Was a key consultant in reviewing and drafting the following legislative instruments: the Media Bill (2007); the Tourism Bill (2007); the Kenya Communications Regulations (2007); the Gender Laws Bill which included the Marriage Bill, the Domestic Protection Bill, the Matrimonial Property Bill and the Equal Opportunities Bill all of 2007; the Kenya School of Law Bill (2005); the Penal Law Amendment Act (2003); and the Regulations under the Sugar Act (2003).
  • Has been a facilitator on the Workshop on Programme & Curriculum Development for the Advocacy Programme; sponsored by the GJLOS and Council of Legal Education: Presentation on Clinical Programme, Pupillage and Mode of Examinations
  • Acted as a Legal Advisor, to Kenya Shell Limited on issues relating to the operations of multi-national oil companies within the regulatory framework of Kenyan law by providing legal advice on compliance requirements.
  • Acted as a Legal Advisor to the Communications Authority of Kenya on the complex and multiple disputes that arose from the Licensing process of the third GSM service provider –  the legality of modification of a license for a telecommunication enterprise.
  • Was a Legal Advisor to the Communications Authority of Kenya on PPP Issues (tender and Licensing of Third GSM Operator and SNO) i.e. on Floating of the Tender, appraisal and Licensing of the Third GSM Operator and Second National Fixed Line Operator in Kenya .