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)