Monday, January 31, 2011

Law Society of Kenya says it has no problem with Githu Muigai

Prof Muigai, who has been nominated for the post of Attorney-General, is highly regarded by his colleagues.
Prof Muigai, who has been nominated for the post of Attorney-General, is highly regarded by his colleagues. 
By MUGUMO MUNENE mmunene@ke.nationmedia.comPosted Saturday, January 29 2011 at 21:00
In Summary
  • He holds LLB and Ph.D degrees from University of Nairobi and a Masters in Law from Columbia University

Law professor Githu Muigai attracts respect from his professional colleagues.
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And the managing partner of Mohammed Muigai Advocates is one of the candidates for the three top legal jobs in the country who has attracted the unequivocal support of the LSK.
“He is one of the members of LSK who has been very supportive of the LSK in terms of continuing legal education. He has been readily available to share knowledge with his colleagues. Second, he has been a long-serving representative to the council of legal education representing the LSK at the Law School,” said the society’s secretary Apollo Mboya.
Contributed immensely
“He has also contributed immensely as the chairman of the disciplinary committee of the LSK. The Law Society does not have an issue with Prof Muigai. He’s a leading light in the LSK.
“He is also the chairman of the committee that is reviewing the LSK Act to ensure that LSK reforms and that the Act is in conformity with the new Constitution,” Mr Mboya said.
Prof Muigai’s name has been mentioned in legal circles and the corridors of power since the search for new leadership in the Judiciary and the State Law Office began last year.
He is one of those who had been considered for the position of CJ alongside Judge Kihara Kariuki of the High Court.
Should Prof Muigai’s candidature sail through, he will be inheriting an influential and important political office, but one that is a far cry from what Amos Wako enjoyed during his 20 years as AG.
Mr Wako enjoyed sweeping powers, including playing the role of the chief legal adviser to the government. He attends Parliament as an Ex-Officio Member and holds the power to prosecute suspects.
Under the former Constitution Mr Wako had the power to stop a criminal prosecution at any stage before judgment was delivered without recourse to any other authority and without offering reasons for such a decision.
Should Prof Githu land the job, he will hold office at the pleasure of the President; after next year’s elections, the new president will decide whether to keep him or appoint a new AG.
In the current circumstances where the government has pulled out all stops to defer the Kenyan case from the ICC, it would be Prof Muigai who would present that case before the judges at The Hague and would be charged with convincing them that the courts in place are capable of handling the cases.
Prof Muigai, who enjoys court appearances -- often delivering his arguments with elan and in polished English -- is currently the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
The renowned lawyer has been the managing partner at Mohammed Muigai Advocates for 16 years.
He holds LLB and Ph.D degrees from the University of Nairobi and a Masters in Law from Columbia University School of Law in New York.
He is also a Fellow of the Chartered Institute of Arbitrators (UK) and a member of the American Association of Trial Lawyers. He was called to the Bar in 1985.
Associate professor
In addition to the practice of law, he is an associate professor of public law in the School of Law at the University of Nairobi but has been on leave of absence.
Prof Muigai specialises in public law and trans-national legal practice. He is a recognised authority on business regulatory matters and in international commercial arbitration.

His practice areas include commercial litigation and arbitration, constitutional and administrative law, information and communications technology law, insurance and banking law, investments law, mergers and acquisitions law, public and private international law and public procurement law

Prof Muigai has been extensively involved in the drafting of the Tourism Bill, 2007, The Marriage Laws Bill, The Kenya Communications Regulations 2007 and the Penal Laws Amendment Act, 2003.

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