Professional and Academic qualifications


Dr. Ndegwa holds a Doctor of Philosophy in Law from the University of Nairobi. He is an Advocate of the High Court of Kenya, Commissioner of Oath, and a Notary Public. He is also a certified Mediator and Arbitrator. 

Experience

Dr. Ndegwa has 25 years experience advising in commercial transactions and representing clients in commercial litigations in courts, arbitrations, and other tribunals.  He became an Advocate of the High Court of Kenya in 1995. He specializes in researching on design of commercial agreements and representing clients in disputes arising from such commercial transactions.

 

Current positions


At Ndegwa & Sitonik Advocates 

Dr. Ndegwa is the Head of research, consultancy and advisory services and the Managing Partner.

At the University of Nairobi

Dr. Ndegwa is a Lecturer in Law and the current Chair of Staff and Student Affairs at the School of Law of the University of Nairobi.

 

Significant current engagements


a.    Advising the Office of the Attorney General and Department of Justice as the National Consultant in the project for developing a national law that will provide a legal framework for giving incentives to private persons to investigate loss of public funds and institute legal action in court for recovering public money lost in fraudulent claims.

b.    Advising Qiqihar Railway Rolling Stock Corporation of China in a claim of over USD 1,200,000 arising from sale and delivery of railway wagons to Rift Valley Railways (Kenya and Uganda) Ltd for the Meter Gauge Railway.

 

  1. Representing the National Maritime Authority at the Supreme Court of Kenya in Civil Appeal Petition No. 17 of 2015 in a dispute involving the taxes levied by the Kenya Maritime Authority on import cargo destined to the Democratic Republic of Congo.

 

  1. Advising China Communication and Construction Company in surveying the number, nature and extent of claims filed in Kenyan courts for legal liabilities alleged to arise from the constructions of the Standard Gauge Railway from Mombasa to Nairobi.

 

  1. Defending China Road and Bridge Corporation in claims filed in Courts and National Environment Tribunal and other forums for legal liabilities alleged to arise from construction Nairobi –Mombasa Standard Gauge Railway.

 

  1. Representing Kenya Railways Corporation in the High Court of Kenya in disputes arising from contracts of employment for senior official affected by restructuring of the Corporation and the consequential redundancies.

 

  1. Representing Multiple (ICD) Kenya Ltd at the Court of Appeal of Kenya in Court of Appeal Civil Appeal Civil Appeal No. 77 of 2017 over a construction project worth over Kshs 7.9 billion.

 

  1. In the recent past, Dr. Wamuti successfully advised China Road and Bridge Corporation in negotiating, drawing, and completing the lease for offices for the Standard Gauge Railway construction project.

 

Other engagements in recent past


  1. Effectively and successfully represented China Road and Bridge Corporation in defending all the cases filed in courts and tribunals seeking to stop construction works for Phase 1 of the Standard Gauge Railway.

 

  1. Appointed by the President of the Republic of Kenya as the Lead Consultant for the Government   in the Judicial Commission of Inquiry. Dr. Ndegwa led the Commission in identifying, gathering, and presenting the evidence into the causes of the social unrest in the Tana River, Tana Delta, and Tana North Districts. Effectively gathered the evidence and played key role in compiling   the report which was presented to the President of the Republic in 2013.

 

  1. Appointed by the Chief Justice of the Republic of Kenya to the Rules Committee to make the rules of Procedure for the High Court. Effectively and successfully formulated the rules, had them adopted and gazetted. The rules are currently used by the High Court of Kenya in hearing and deciding civil cases.

  2. Appointed by the Law Society of Kenya to investigate the causes of the rampant road traffic accidents in the Country and thereafter to represent the Law Society legal proceedings to remove the Traffic Commandant of the National Police Service from office for neglecting his duties of duty that was established to have contributed to the road accidents. Effectively and successfully investigated, established liability of the Traffic Commandant of the National Police Service and removed him from office through legal proceedings.

  3. Appointed by the United Nations International Criminal Tribunal for Rwanda as a defence Counsel to appear for certain media companies alleged to have contributed to the violence. Effectively exonerated the media company from liability.


Books 

Digest of Judicial and Quasi Judicial Tribunals in Kenya. The book is under review and due to be published this year.

 


Seminar Papers

  • 2014, Emerging Legal Tools In Civil Societies Fight Against Corruption (Kenya Experience) University of Oxford, Oxford Institute for Ethics, Law and armed conflict .
  • 2014, Bail/Bond in serious cases: Balancing National Security And Human Rights In Terrorism Offences, Judges and Magistrates South West Region Stakeholders Retreat.
  • 2014, How The Mandatory Requirement Of Property For Surety Bonds Violates The Right Of The Accused To Be Released On Bond, Mombasa Inns of Court.
  • 2012, The Need To Protect The Respondent From The Harms Of Exparte Injunctions, Mombasa Inns of Court.
  • 2011, Defamation in context and Defenses. Staying out of court room. A checklist to avoiding Defamation claim. Standard Group.
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