MKU partners with Kenyan and South African institutes 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.

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 School 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 Partnership 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.

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.

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.

Parties display their MoU documents

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. 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.

Ms. 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 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.

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

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 renegotiate 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. 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.