MKU partners with Kenyan and South African Institute to boost training in arbitration law

Jacqueline Waihenya, Chairperson of CIArb-Kenya and MKU Vice Chancellor Prof. Deogratius Jaganyi sign the new MOU at MKU Thika campus.

By James Wakahiu
Mount Kenya University (MKU) has signed a Memorandum of
Understanding (MOU) with the Chartered Institute of Arbitrators
(CIArb) Kenya Branch and a South Africa-based institute, International
Law Institute – South African Centre for Excellence (ILI-SACE) that has
expertise on arbitration of global legal disputes.
MKU’s Centre for International and Development Law (CIDLAW),
based at the Parklands Law Schoolcampus in Nairobi signed the
tripartite agreement with the International Law Institute– South African
Centre for Excellence (ILI-SACE) and CIArb. The MOU was signed at
the university’s Main Campus in Thika town.
The Partnershipdeal establishes a tripartite framework for collaboration
in the areas of alternative dispute resolution (ADR), with a special focus
on investment arbitration and ESG compliance. The MOU focuses on
mutual capacity building, innovation in legal practice, and advancing
justice through practical, world-class learning programs.

Photo/Former attorney general and renowned legal scholar Prof. Githu Muigai addresses MKU law students at Thika campus during the event when the new MOU was signed
In the agreement, MKU, through CIDLAW, shall contribute academic
infrastructure and student reach while CIArb will bring professional
arbitration expertise and global networks. On its part, ILI-SACE will
offer international standards in arbitration and ESG (Environmental,
Social, and Governance) compliance training.

Photo/MKU Vice Chancellor Prof. Deogratius Jaganyi addresses law students, legal practictioners during the MOU signing at the institution’s Thika campus

Speaking during the signing of the MOU, Vice Chancellor Prof
Deogratius Jaganyi said arbitration plays a vital role in fostering
sustainable economic growth and ensuring fair, transparent dispute
resolution mechanism across the continent. “The cost efficiencies,
effectiveness and flexibility of arbitration appeals to many business
owners in Kenya over court litigation,” he said.
The VC applauded the Kenya government through the office of the
Attorney General and the judiciary for embracing arbitration within the
Kenyan law systems. “CIArb Kenya has been providing quality
training for local arbitrators; your impact and outstanding effort is
recognized in Kenya and abroad,” he said.
Prof Jaganyi said the South Africa Centre is one of the few institutions
offering training in global finance and governance. “It has made
significant strides in advancing legal governance and education in
Africa,” he said.
Welcoming the guests at the signing ceremony, the VC said the MOU is
a significant milestone.

Photo/Swithin Munyantwali, Vice Chairman of ILI-SACE and MKU Vice Chancellor Prof. Deogratius Jaganyi sign the new MOU at MKU Thika campus

He said MKU will host the first joint training
programme on investment protection and arbitration in August 2024.
“MKU students and alumni will be given priority in the training
programme. It is a unique training opportunity since it will offer an
international dimension for both current students and also practicing
lawyers,” he added.
The Centre for International and Development Law (CIDLaw) anchors
the MKU School of Law’s niche area, International and Development
Law. It is the think tank on research, publications, workshops, trainings,
public lectures, partnerships, and linkages.
Prof Jaganyi appreciated the collaboration between CIDLaw with
various local and international partners. “Without a deliberate and
strategic action towards sustainability, we risk compromising the future of the next generation’. The VC also declared that the first training in
Investment Arbitration will take place in August 2025.

Photo/Parties display their MoU documents

Jacqueline Waihenya, Chairperson, Chartered Institute of Arbitrators
(CIArb), Kenya Chapter said the opening up of global opportunities by
digital technology going forward is likely to be laden with legal
disputes, resulting in demand for arbitration services.
“Take advantage of in this training opportunity in arbitration bearing in
mind the costs of these trainings. Listen, grab something now when the
costs are subsidized and ran with it,” she tipped the students and invited
guests.
Mr Swithin Munyantwali, Vice Chairman and Co-Founder, ILI – South
African Centre for Excellence, said the spirit of the MOU is the blue
print for transformation. “It signals a shared ambition between our three
institutions to equip the East African legal and professional with
tools that meet international arbitration,” he said.
He called for intensified training and acceptance of youths as arbitrators
so that Africa can stop relying on elderly arbitrators from the Western
world.

He said Kenya is unique and – as the former US ambassador
Margaret “Meg” Whitman said recently at university in America, one of
the top three investment destinations in Africa.
Attorney General Dorcas Oduor, who was the chief guest, said new
complicities of international investment disputes require a new kind of
legal professional. In the past decade, Africa has decried the
international dispute resolution mechanism as highly skewed to foreign
investors, she noted.
The AG said since 1993, over 170 investment disputes in Africa worth
billions of shillings have been recorded from Africa. “Even when we
win, we still lose. The Cost of defence is about $5 million (Sh650
million) for one case. It takes four to five years to prepare for a hearing,”
she noted.

The Attorney General was represented by Ms Njeri Mwangi Wachira,
Senior Deputy Solicitor General (international law division). She said
the government is keen on protecting investors but also “safeguarding
our people and to lift them out of poverty to ensure that investments are
beneficial to the population”.
She said the Kenya government has taken measures to protect the nation
from rogue investors while safeguarding the rights of genuine ones.
This includes adoption by the Cabinet of a decision to terminate, revoke
or re-negotiate old bilateral investment agreements and treaties that were
mostly detriment to the country.
“In 2019, the Attorney General, in consultation with the national
Treasury spearheaded the process of development a new investment
policy and models for bilateral treaties which continue to guard the
nation,” she said.
However, she cautioned, treaties and bilateral agreements are not
enough. “This MOU creates a pipeline for training from classrooms to
courtrooms and boardrooms,” she said.
Key activities under this MOU include organizing high-profile public
lectures on investment arbitration and emerging legal themes, the first of
which is to be held after the signing of the MoU with Keynote speaker,
Prof. Githu Muigai said the partners will co-deliver arbitration training and certification, with CIArb offering its entry course at discounted rates and ILI-SACE providing advanced modules.
Students may qualify for Associate Membership with CIArb and
scholarships for further training. The collaboration also involves joint
research on topics like ESG compliance, the use of mediation in public-
private dispute resolution, and the integration of investment arbitration
within Kenya’s trade ecosystem, amongst others.
This will result in the publication in peer-reviewed academic journals,
policy briefs, and institutional repositories. Additionally, curriculum

enrichment at MKU will be supported through guest lectures,
masterclasses, and mentorship forums.
Further, the partners will jointly develop CPD-accredited programs
tailored for legal and corporate professionals across East and Southern
Africa and host moot court competitions, ADR conferences, and
roundtables. MKU students will also be exposed to regional ADR events
such as CIArb’s annual ADR Week. To enhance knowledge access,
CIArb and ILI-SACE will donate learning resources and possibly invest
in shared digital platforms.