Mohammed Muigai LLP

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Reclassifying Contractual Risk in Pandemics: COVID-19 as Force Majeure, Frustration, or a Third Path?

by Guto Mogere, Ronald Makokha, Dennis Nkarichia & Christopher Munene I. Introduction The COVID-19 pandemic erupted as an unprecedented global crisis that fundamentally disrupted commercial and contractual relationships worldwide. As businesses faced government-mandated lockdowns, supply chain collapses, and dramatic shifts in market conditions, parties found themselves unable to perform contractual obligations through no fault of […]

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Strengthening dispute resolution in africa mega projects: Optimising adjudication and dispute boards – a kenyan legal perspective

by Bella Onyango & Christopher Munene 1.Introduction. At the recently held African Construction Law Conference in Nairobi, the spotlight was firmly placed on the future of infrastructure delivery of mega projects across the continent. Africa’s construction sector is buzzing with activity—from Kenya’s Lamu Port,[1] the Standard Guage Railway (SGR) and Nairobi Express way, to Ethiopia’s

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Big Brother at the Workplace: Analysing the Legal Limits of Corporate Surveillance and Employee Privacy

By: Wambui G. Muigai, Brenda Nyabinge & Victor Wanjohi From the days of simple hand tools to the era of high-speed internet and artificial intelligence, the workplace has undergone an incredible transformation. During the Industrial Revolution, labour was intensive and demanding, with workers depending on grit and the proverbial ‘blood, sweat, and tears’ to get

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Publication of Arbitral Awards: Balancing Transparency and Confidentiality

by: Emmanuel Wetang’ula, Dennis C. Mungai, Patrick Nguri & Thandie Wanjiru Introduction The institution of arbitration stands at a critical crossroads in Kenya’s evolving legal landscape. As an alternative dispute resolution mechanism increasingly favoured for its expedition, party autonomy and confidentiality, arbitration simultaneously faces a fundamental paradox that threatens to undermine its jurisprudential maturity.[1] The

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Kenya Virtual Assets and Service Providers Bill, 2025 (“VASPS”)

by: Muigai Githu, Patrick Nguri & Sumeiya Yunis Introduction The Kenya Virtual Assets and Service Providers (“VAPS”) Bill 2025 came up in response to the prominence of virtual assets in Kenya and the evident need for a comprehensive regulatory framework to oversee their use. Previously, regulatory issues regarding crypto assets and related activities were dealt

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The Impact of Artificial Intelligence on Data Protection in Kenya

by: Gabriel Mwangi, Carolyne Kaunda, Margaret Wanjiru & Sumeiya Yunis Introduction Kenya, like many other countries, is experiencing rapid advancements in Artificial Intelligence technologies, which are being used across various sectors including banking, healthcare, education, transportation, and government services. While Artificial Intelligence presents significant opportunities for economic growth and development, it also brings considerable challenges

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Beyond the Physical: The Evolving Standards for Remote Affidavit Commissioning in Courts

by: Guto Mogere, Ronald Makokha, Dennis Nkarichia & Cristopher Munene Introduction In the quiet solemnity of a Nairobi courtroom, a legal principle as old as the common law itself faced its most modern challenge. The affidavit, a sworn testimony foundational to judicial decisions for centuries, found itself interrogated not for its content, but for the space in

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The Right of Appeal in Arbitration: A Cost-Effective Option

by: Geoffrey Imende & Victor Wanjohi Introduction Arbitration has long been a preferred dispute resolution mechanism in Kenya, valued for its efficiency, flexibility, and confidentiality. However, in the recent past, a growing trust deficit—driven by concerns over arbitrator incompetence, corruption or rising arbitrator fees—has led to a decline in its popularity. This erosion of trust

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Real Estate Investment Trusts (REITs): An “Affordable Housing” Investment Alternative

by: Naomi Wangari & Patrick Nguri Introduction The right to accessible and affordable housing, being a social and economic right, can only be realized progressively. Like other social and economic rights under Article 43 of the constitution, it requires the State to act through legislation, policy, or initiatives for its progressive realization. As held by

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