IKM is pleased to announce that Kamau Karori and Ken Melly have authored one of the chapters, titled ‘The Attitude of Kenyan Courts towards Arbitration’ in a newly published book titled ‘Rethinking the Role of African National Courts in Arbitration’.
Kamau Karori is a Senior Counsel, a Senior Partner and head of the Dispute Resolution Practice Group at IKM Advocates. He has been involved in the most significant and precedent setting commercial disputes in Kenya’s High Court, Court of Appeal and Supreme Court. He is a Chartered Arbitrator of the Chartered Institute of Arbitrators (Kenya Branch), the Nairobi Centre for International Arbitration (NCIA), the London Court of International Arbitration (LCIA) and Kigali International Arbitration Centre (KIAC), among others. He is listed as an arbitrator by leading regional and international arbitration institutions such as International Centre for Settlement of Investment Disputes (ICSID) where he serves as Kenya’s delegate on its arbitration panel, the Dubai International Arbitration Centre (DIAC) and the Hong Kong International Arbitration Centre (HKIAC), among others. Based on his extensive experience in commercial arbitration, he has been and continues to be retained in major arbitrations both as counsel and as an arbitrator. His list of clients includes multinationals and local blue-chip companies.
Kamau has received accolades both from clients, peers, governments, private individuals and leading international directories including Chambers Global, where he has been consistently ranked in tier one both in litigation and arbitration and is recognized as one of the leading lawyers in Kenya.
Experience has included advising:
- A leading beverage manufacturer at the Supreme Court of Kenya in a dispute over distribution of beverages by Kenya’s leading beer manufacturer. The indicated value of the business under controversy is about USD30 million.
- A leading Insurance and investment service provider in a shareholder dispute before the Court of Appeal involving the novel legal question of whether an unregistered individual can invoke the right to apply to liquidate a company where such rights are reserved for members of a company.
- Several leading banks in various insolvency proceedings seeking to realise secured assets.
- The Supreme Court of Kenya, the Registrar of the Supreme Court of Kenya, and the Judges of the Supreme Court of Kenya in a constitutional petition challenging the directions issued by the Supreme Court barring a senior advocate in the profession from appearing before it on grounds of disrespect to the Judges on social media platforms.
- The Republic of Kenya in an ICSID arbitration filed by Cortec Mining Kenya Limited arising from cancellation of mining licences under the UK–Kenya BIT. The value of the claim was approximately USD 2.58 billion making it Kenya’s largest and most significant investment treaty case to date.
- The Government of Kenya in ICC arbitration arising from the Arror and Kimwarer Dam projects, with claims exceeding USD 114 million. Also representing Kenya in related High Court proceedings on enforcement of guarantees exceeding USD 63 million arising from a FIDIC contract for the Itare Dam project.
- The Republic of Kenya in enforcement proceedings in the Southern District of New York, successfully challenging enforceability of arbitral awards and securing a stay in favour of proceedings before Kenyan courts.
- The Chartered Institute of Arbitrators before the Supreme Court in Nyutu Agrovet Limited vs. Airtel Networks Kenya Ltd, where the Court settled the question of appeals from High Court decisions on applications to set aside arbitral awards under Section 35 of the Arbitration Act.
- Acting as a wing arbitrator in an ICC tribunal preceding over a dispute between a foreign financial services organisation and individuals arising from a Deed of Guarantee.
- Acting as a wing arbitrator in an ICSID tribunal preceding over an investment dispute between a foreign investor and the United Republic of Tanzania.
- Acting as the chair of an Arbitral Tribunal in a claim between two private companies and a regional development finance group.
- Acting as part of the Arbitral Tribunal in a claim between a private company and a state corporation in relation to a commercial dispute.
- Acting as a Sole Arbitrator in a claim between a private company and a hospital relating to a shareholder dispute.
Professional Qualifications
- Senior Counsel, Law Society of Kenya
- Chartered Arbitrator, Chartered Institute of Arbitrators
- Certified Public Secretary (CPS), Institute of Certified Public Secretaries of Kenya
- Advocate admitted to the High Court of Kenya (1996)
Education
- Chartered Arbitrator, Chartered Institute of Arbitrators (2020)
- Chartered Institute of Arbitrators, Fellow (2013)
- Kenya School of Law, Diploma in Law (1995)
- University of Nairobi, Bachelor of Law LL.B. (1993)
- Certified Public Secretary (CPS), Institute of Certified Public Secretaries of Kenya
Recognition
- Ranked as leading lawyer in Chambers & Partners Global
- Ranked as leading lawyer by Legal 500
- Awarded Moran of the Order of the Burning Spear (MBS)
Prior Experience
- 2002 to date, Partner, DLA Piper Africa, Kenya (IKM Advocates)
- 1996 to 2002, Partner, Nairobi-based law firm
Memberships
- Law Society of Kenya
- East Africa Law Society
- Chartered Institute of Arbitrators
- Kigali International Arbitration Centre
- Institute of Certified Public Secretaries of Kenya
- African Arbitration Association
- London Court of International Arbitration