Academic Qualifications:
2016: Doctor of Philosophy in Law- University of Nairobi.
Topic of the research: Regulating Exercise of Prosecutorial Discretion. A Case Study of Prosecution of Corruption Offences in Kenya
The study reviewed the legal framework for controlling the exercise of prosecutorial power in prosecuting corruption offences in Kenya. It analysed the regulations governing prosecution of corruption offences and further analysed whether the exercise of the power complies with the current legal framework. It identified the weaknesses in the current legal framework, areas for improvement, the good practices in other countries, the strengths and challenges in reforming it. The core output of the study was the model legal framework which is arguably capable of regulating exercise of prosecutorial power so that it is effective in prosecuting corruption offenders and recovering the assets.
2006: Master of Laws - University of Nairobi
1994: Diploma in Law - Kenya School of Law
1992: Bachelor of Laws- University of Nairobi
Professional Qualifications
1995: Admitted into the Roll as an Advocate of the High Court of Kenya. Later appointed Commissioner for Oaths and Notary Public.
Other Professional Courses
- 2011 - Mediation: Devon and Somerset Law Society; Certificate of attendance
- 2011 - Arbitration: Chartered Institute of Arbitrators (Kenya) Certificate of Attendance.
- 2012 - Trial Advocacy: National Institute of Trial Advocacy, Certificate of Completion.
Current Employment
- 2009 to date
Lecturer & Head of Committee on Human Rights and Governance
School of Law
University of Nairobi
- 2006 to date
Head of Litigation and Research
Ndegwa, Katisya, Sitonik Advocates
Professional Engagements in the last 5 years
- Current: Litigation Counsel at Ndegwa Katisya Sitonik Advocates.
As the head of litigation, I conduct civil litigation in the High Court, Court of Appeal and the Supreme Court. My main areas of practice are Constitutional/judicial review, land, and commercial litigation.
- Current: Lecturer in law at the University of Nairobi.
My units are administrative law, banking, and torts. I also chair the Committee of the School of Law on the thematic area of Human Rights and Governance. Further, I chair the Committee of the campus on the Staff and Student Affairs.
- 2016: National Consultant for Attorney General & Department of Justice in consultancy for developing the False Claims Bill.
I am the lead consultant in the project that is developing a Bill towards a law that will enable private persons to institute suits on behalf the state to recover public finances lost to corruption in exchange of reward from the amounts recovered.
- 2012: Lead Counsel in the Judicial Commission of Inquiry into the Violence in the Tana River, Tana Delta, and Tana North Districts.
I discharged the challenging role of identifying, gathering and presenting evidence to the Commission. Later I participated in compiling the report. The commission completed its task and delivered the report to the Head of State in 2013.
- Current: Chancellor of the Diocese of Mombasa in the Anglican Church of Kenya.
I advise the Diocesan Bishop and the Diocese on the legal affairs of the Diocese. I also sit as the prosecutor in the Bishops Court which is the domestic tribunal dealing with disciplinary issues of the clergy.
Publications
Books:
Digest of Judicial and Quasi Judicial Tribunals in Kenya. The book is under review and due to be published this year.
Seminar Papers
Emerging Legal Tools In Civil Societies Fight Against Corruption (Kenya Experience) University of Oxford, Oxford Institute for Ethics, Law and armed conflict (Conference on the legal remedies for corruption – (June 6, 2014).
Bail/Bond in serious cases: Balancing National Security And Human Rights In Terrorism Offences, Ngulia Lodge Judges and Magistrates South West Region Stakeholders Retreat (July 26, 2014).
How The Mandatory Requirement Of Property For Surety Bonds Violates The Right Of The Accused To Be Released On Bond, Inns of Courts (Mombasa) (April 3, 2014).
The Need To Protect The Respondent From The Harms Of Exparte Injunctions, Mombasa Inn of Court, Mombasa Club (June 21, 2012).
Defamation in context and Defences. Staying out of court room. A checklist to avoiding Defamation claim. Standard Group Seminar: Travellers Beach Hotel Mombasa (April 20, 2011).
Community service
Committee Member British Council Management Forum
Duties ( 2003 to 2006)
· I participated in promoting best management practices in the institutions.
· Attended meetings for management of the forum.
· Advised the Council on legal matters of the forum.
Diocesan Chancellor of the Anglican Church of Kenya Diocese of Mombasa
Duties ( 2006 to date)
· Legal advisor to the Bishop on Diocesan legal matters.
· On pro-bono basis , represents the Church in legal matters
· Attending various Diocesan board meetings as legal advisor
Committee Member of Mombasa Law Society
I served as a member of the Committee from year 2010 to 2011.
Financial Discipline
· I live within my means.
· I have not defaulted in my financial obligations.
Pro -bono activities
· I represented the Law Society of Kenya in the High Court Misc Criminal Application No 244 of 2016. The Law Society of Kenya v David Kimaru. In the case, I donated my advocacy skills in the effort of the Law Society of Kenya to remove the Respondent who was the Traffic Commandant from office for failing to enforce the traffic rules. The case succeeded in removing the officer since it forced the National Police Service to remove the officer from the command of the Traffic Police
· Acted pro-bono for the Exparte Applicant in Judicial Review Application No 6 of 2011 R v National Environment Management Authority & 2 others Exparte Anthony Mbole. The application sought to enforce the Applicant’s fundamental right to a clean and healthy environment.
· As a I party successfully undertook the public interest litigation that successfully challenged the requirement of the purported presidential consent in sale of and other transactions involving beach plots. This was through Constitutional Petition No. 41 of 2011 Mohamed Balala, Wamuti Ndegwa & 10 others v Attorney General & 7 others.
· Kituo Cha Sheria; organised and gave a lecture on law and law related issues in high schools and colleges under the School’s Outreach Program in 1992.
· Currently serving as a member of the Library Committee of the Mombasa Law Society. The committee is part of a bar-bench relationship formed by Mombasa Law Society and the Judiciary in Mombasa to improve on delivery of services. My duty is to use my skill as a teacher of law at the University of Nairobi to update the High Court library.
· Participated in legal aid clinics offered by Mombasa Law society. The legal aid clinics offer free legal advice to members of the public in workshops organised by the Law Society.
· I contribute towards and sponsor meetings, cocktails, and other activities of the Mombasa Law society. The law Society has honoured me with a number of certificates.
· I also contribute to Mombasa Law Societies visits to children’s homes.
Involvement as a party in litigation
· I sued the Council of Legal Education in 1992 in a Judicial Review application seeking Mandamus to compel the Council for Legal Education to admit me as a student to the Kenya School of Law. The delay in joining was caused by delay at the UoN in forwarding results to KSL.
· I was involved as a petitioner in Constitutional Petition No. 41 of 2011 Mohamed Balala, Wamuti Ndegwa & 11 others vs Attorney General & 7 others. The proceedings challenged the requirement of the purported presidential consent in sale of and other transactions involving beach plots.
· Taxed bill of costs against certain clients.
Political activity
· I am not a member of any political party.
· I have never contributed in kind or cash to any political party.
Criminal record
I believe my name does not appear in criminal records.
Membership in Professional organisations
Law Society of Kenya
Commonwealth Lawyers Association
Friend of FIDA Affiliations:
East Africa Law Society
International Commission of Jurists
Chartered Institute of Arbitrators
Professional Referees
- Mohamed Nyaoga Advocate
Mohamed & Muigai Advocates
K-rep Centre, 4th Floor
Wood Avenue, Kilimani
P.O. Box 61232
NAIROBI
Tel 020-2397401
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
- Professor Kiarie Mwaura
University of Nairobi
School of Law
P.O. Box 30197-00100 GPO
Nairobi
Telephone: 0724922608, 020-2314371, 0725365849
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
- Dr. Ludeki Chweya
Director General
Kenya School of Government
P.O. Box 23030-00604, Lower Kabete
NAIROBI
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Character Referees
1. Professor Migai Akech
P.O. Box 12285-00100
Nairobi, Kenya
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
2. Right Reverend Bishop Julius Kalu
Anglican Church of Kenya
Bishop Diocese of Mombasa
P.O. Box 30422-00100
MOMBASA
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
