Arbitrator Details

For the detailed curriculum vitae of this arbitrator, please send your request to [email protected]

Name: Kenneth
Mutuma
Nationality: Kenya

Educational and Professional Memberships

Africa Unite; YES Peace Africa (Board Member) • Association of Professional Societies for East Africa (Professional Development Committee) • Chartered Institute of Arbitrators (Vice-Chairperson) • Christian Professional Mediation Association of Kenya (Vice Chair) • Cricket Kenya (Chairperson of the Independent Election Panel 2022) • East Africa Law Society (Committee Member of the ADR Committee) • Federation of Kenya Football (Member of Appeals Committee) • Institute of Certified Secretaries (ICS) Committees (Risk & Audit, Research • & Publication, Professional Development Committee) • Institute of Certified Secretaries (Council Member, Editor- Governance Practitioner, Associate Editor - ICS Governance Journal) • International Lawyers for Africa (ILFA) (Member of National Committee - Kenya) • National Examinations Appeals Tribunal (Chairperson) • National Committee on Implementation of IHL (University Focal Point, Committee Member) • Permanent Court of Arbitration (PCA) (Member of the Court and National Group) • Political Parties Dispute Tribunal (PPDT) (Ad-Hoc Member-2022) • Rustenburg Junior Girls School (1875) (Board Member)

Current Position

Vice-Chairperson, Chartered Institute of Arbitrators

Professional Experience

27 years 6 Months

Arbitration Experience

11 Years 8 Months

Publications

BOOKS, BOOK CHAPTERS AND REPORTS Corporate Governance • Corporate Governance for Family-Owned Enterprises (The Africa Research Consortium, 2023) • Themes in Corporate Governance (The Africa Research Consortium, vol. 1, 2023) • Themes in Corporate Governance (The Africa Research Consortium, vol.2, 2023) • Board Induction for State Corporations (The Africa Research Consortium, 2023) • The State of the CS Profession in Kenya (UNISA Press/ Ssali Publishing House, 2022) Alternative Dispute Resolution (ADR) • Africanization of International Arbitration (The Africa Research Consortium, 2024) • Navigating Disruptions and Technological Innovations in Alternative Dispute Resolution (UNISA Press/Ssali Publishing House, 2023) • Harmonizing Conflicts: A Mediation Reference Guide (The Africa Research Consortium, 2023) • The 40 Hour Mediation Training Learners Workbook (Dialogue and Dispute Resolution Institute, 2023) • The State of Alternative Dispute Resolution in Kenya (UNISA Press/Ssali Publishing House, 2022)Effectiveness of the CMA Code of Corporate Governance Practices for Issuers of Securities to the Public (ICS Governance Journal, vol. 1(3), 2021) International Law • Eastern Africa Journal on Humanitarian Law (UNISA Press/ Ssali Publishing House, vol. 2(1), 2023) • Finding Durable Solutions: Refugee Access to Citizenship and Permanent Residence in Kenya (Refugee Studies Centre, 2023) • Exploring the Nature of Law: A Journey through Social Foundations of Legal Systems and the Philosophy of Jurisprudence (UNISA Press/ Ssali Publishing House, 2023) • International Law in South Sudan-An Examination of the Application of the Principles of Public International Law and International Humanitarian Law to the South Sudan Context (UNISA Press/ Ssali Publishing House, 2023) • East Africa Wars (in The Laws of Yesterday’s Wars 2-From Ancient India to East Africa) 2022 (Brill Publishing, 2022) • International Humanitarian Law- Themes from Africa (UNISA Press/ Ssali Publishing House, 2022) • Eastern Africa Journal on International Humanitarian Law (UNISA Press/Ssali Publishing vol. 1(1), 2022) • Ensuring Respect for IHL in South Sudan: Common Article 1 and IHL (in Ensuring Respect for IHL) (Routledge, 2020) Others • Crafting Persuasive Arguments-Mastering Research, Writing & Communication Skills for Success in Law School and Practice (UNISA Press/Ssali Publishing House, 2023) JOURNAL ARTICLES Corporate Governance • Kampuni Yangu: Complexity of the Kenyan Single Shareholder Company on the Life and Death of the Owner (ICS Governance Journal, vol. 1(2), 2023) • Effectiveness of the CMA Code of Corporate Governance Practices for Issuers of Securities to the Public (ICS Governance Journal, vol. 1(3), 2021) • Corporate Governance and Distressed Commercial Banks in Ghana - Dangers of Excessive Regulation (ICS Governance Journal, vol. 1(3), 2021) • Boards During COVID – When the Dust Settles (APSEA, 2021) • Crisis of Ethics - Role of the private sector (APSEA, 2020) • Addressing a National Crisis of Ethics in the Corporate Governance Sector ICS Governance Journal vol. 1(1), 2020) Alternative Dispute Resolution (ADR) • Transnational Justice and Human Rights (Alternative Dispute Resolution Journal, vol. 11(1), 2023) • Sports Disputes Resolution: Innovation in Sports Arbitration and Mediation (Alternative Dispute Resolution Journal, vol. 11(2), 2023) • Assessment of the Impact of Court Procedural Rules in the Implementation of the Court Annexed Mediation Programme (CAMP) in Kenya (Alternative Dispute Resolution Journal, vol. 11(4), 2023) • Analysis of the Efficacy of the Kenya Revenue Authority’s Alternative Dispute Resolution Framework (Alternative Dispute Resolution Journal, vol. 10(2), 2022) • Environmental Disputes: Is Mediation the Solution? (Alternative Dispute Resolution Journal, vol. 10(1), 2022) • Valuing Energy, Price Reviews and the Role of Arbitration in Setting Energy Disputes (Alternative Dispute Resolution Journal, vol. 10(4), 2022) • Evaluating the Role of Mediation in Resolving Disputes in the Built Environment (Alternative Dispute Resolution Journal, vol. 10(3), 2022) • The Future of Justice: Integrating Technology in ADR, and the Emergence of Innovative Tools (Alternative Dispute Resolution Journal, vol. 9(3), 2021) • COVID-19: Construction Projects, Contracts and Disputes (Alternative Dispute Resolution Journal, vol. 9(1), 2021) • Court Annexed Mediation in Kenya: An Expository Analysis of Its Efficacy (Alternative Dispute Resolution Journal, vol. 9(4), 2021) • COVID-19: Construction projects, contracts and disputes (Africa Journal of Arbitration and Mediation, vol. 2(1), 2021) Alternative Dispute Resolution as a Means of Accessing Justice: A Case Study of Baringo (Alternative Dispute Resolution Journal, vol. 9(2), 2021) • Prospect of Kenya as a Regional Centre for the Resolution of Sports Disputes Through Arbitration (Alternative Dispute Resolution Journal, 2020) • ADR and the Big 4: Addressing Hindrances to Industrialization (AAK Build Press, 2019) • Reflections on the use of ADR to address Intergovernmental Disputes in Kenya (Alternative Dispute Resolution Journal, vol. 6(1), 2018) International Law/Human Rights/Sustainable Development • Africa’s Contribution to the Discourse on Environment, Renewable Energy and Sustainable Development (South African Yearbook of International Law, 2023) • The Nexus Between International Governance and Security: Assessing the Status, Rights and Duties of Private Military Corporations Under International Law (IDIS Journal of International Studies and Diplomacy, vol. 2(1), 2023) • The Role of Technology in Climate Change Dispute Resolution (Journal of Conflict Management and Sustainable Development, vol. 10(1), 2023) • Transitional Justice and Racial Injustice: Complicity, Challenges and Way Forward (Journal of Conflict Management and Sustainable Development, vol. 11(1), 2023) • UN General Assembly Resolution of Environmental Rights and its Implications for the East Africa Climate Crisis (East Africa Law Society Human Rights and Rule of Law Journal, vol. 2, 2022) • Somalia: The Scope of International Humanitarian Law in an Evolving History of Conflict (SSRN, 2022) • Efficacy of National and International Accountability Mechanisms in Combating the • Al Shabab in Somalia (Africa Journal of Crime and Justice, vol. 1, 2022) • Impact of Contemporary Weapons and Technology on International Humanitarian Law: A Case For Consideration (Journal of Conflict Management and Sustainable Development, vol. 9(2), 2022) • Protection of Cultural Heritage during War Time (Journal of Conflict Management and Sustainable Development, vol. 9(1), 2022) • Theorizing Children’s Right of Access to Basic Education in Conflict Situations in Kenya (Journal of Conflict Management and Sustainable Development, vol. 8(5), 2022) • Civilian Protection in War; an Insurmountable Task? Prohibited & Legally Permissible Conduct During Hostilities (Journal of Conflict Management and Sustainable Development, vol. 8(4), 2022) • The Protection of the Environment during Armed Conflict (Journal of Conflict Management and Sustainable Development, vol. 7(1), 2021) • COVID-19 and the Opportunity for Cohesion: Addressing the Conflict between Local and Migrant Communities in South Africa. (Journal of Conflict Management and Sustainable Development, vol. 6(4), 2021) • The Silence of Africa in the International Humanitarian Law Debate Article (African Yearbook of International Humanitarian Law, 2021) • The Nexus between Self-determination, Territorial Integrity and Uti Possidetis Juris: The Case of Somaliland (South African Yearbook of International Law, vol. 46, 2021) • Kenya's Annulled Presidential Elections: A Step in the Right Direction? 2021 (Speculum Juris, vol. 35(1), 2021) • Limits of the Law in the Regulation of Presidential Elections (African Network of Constitutional Lawyers, 2021) • Critique of Kenya's Implementation of the Rome Statute (Journal of Conflict Management and Sustainable Development, vol. 4(1), 2020) • Customary International Humanitarian Law: An Overview of Kenya’s State Practice in the Post 2010 Constitution Era (Sabinet African Journals vol. 2020(1), 2020) • Adjudicating International Law in National Courts: A Case for the Kenyan Courts (Africa Nazarene University Law Journal, 2019) • Kenya's Incursion into Somalia: A Role for Domestic Courts in Comparative Criminology Across Western and African Perspectives (United States International University, 2018) • Responding to Terrorism: The Right of the Victim State to Use Force (Dodoma University Law Journal, 2018) • The Problem of Civilian Contractors That Directly Participate in Hostilities (African Yearbook of IHL, vol. 1, 2016)
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