The rise of the global gig economy where more people are working as freelancers and side-jobs, fuelled by increased access to smartphones and internet connectivity, has transformed Kenya's employment landscape. This has ushered a new era of flexibility, autonomy, and remote working. Platforms like Uber, Bolt, Jumia, and Glovo have empowered Kenyans to engage in freelance and short-term work, significantly contributing to this economic shift.
Martin Munyu is a Partner with the Dispute Resolution practice group. He has vast experience in corporate commercial disputes, arbitrations (particularly in construction, insurance and contractual disputes) and employment disputes. He is a Fellow of the Chartered Institute of Arbitrators (CIArb) with a keen interest in alternative dispute resolution.
He has been involved in a wide range of disputes in various sectors including banking and financial services, construction and engineering, employment, insurance and in commercial arbitration.
He also has experience in electoral disputes and has successfully represented the country’s Independent Electoral & Boundaries Commission in various election petitions.
His portfolio of clients includes several sectors: banking and financial services, telecommunications, government and state corporations.
Experience has included advising:
- The Kenya Bureau of Standards (KEBS) in proceedings seeking to challenge an award of USD15 million made against it in the Court of Appeal.
- The Independent Electoral and Boundaries Commission (IEBC) in proceedings challenging the election of the Governor for Lamu. The election was upheld by the Supreme Court.
- A leading banking institution in seeking to realize securities to recover a syndicated debt of over USD6 million
- An African housing development and finance institution against proceedings filed by a former employee. The matter raised issues on the extent of diplomatic immunity in employment matters. The case made its way to the Supreme Court.
- Telkom Kenya Limited in a claim for Kshs247 million against Kenya Railways Corporation.
- As an arbitrator in a matter involving a housing development for employees of the Kenya Airways Authority. The Arbitral Award was upheld by the High Court in a ruling delivered in February 2018.
- A leading bank in the recovery of EUR1.2 million advanced to a multinational company.
- A multinational shareholder in a local company in an employment dispute arising out of a shareholder disagreement. The case raises novel issues of application of the employment act to foreigners working in Kenya and crossection between Kenya immigration law and employment law.
- A leading bank in the recovery of Kshs410 million advanced to a local company.
- A blue-chip international company in arbitration where the Tribunal significantly reduced the amount sought by the Claimant from USD1.6 million to USD898,000. He is also part of the team challenging the said award in the High Court.
- A key player in the supermarket chain industry in an insurance claim seeking compensation from a well-known insurance company for damages sustained from destruction of its property due to post election violence. The value of the claim was approximately Kshs181 million.
Professional Qualifications
- Admitted as an Advocate of the High Court of Kenya (1996)
Education
- Kenya School of Law, Diploma in Law (1995)
- University of Nairobi, Bachelor of Laws LL.B. (1993)
Recognition
- Ranked as leading lawyer in Chambers & Partners Global
- Commended for client service in Legal 500
Prior Experience
- 2004 to date, Partner, IKM Advocates, DLA Piper Africa Member firm in Kenya.
- 2001 to 2004, Associate, IKM Advocates, DLA Piper Africa Member firm in Kenya
Memberships
- Law Society of Kenya
- Institute of Certified Public Secretaries of Kenya
- Fellow, Chartered Institute of Arbitrators
By the Constitution of Kenya 2010, Kenyans committed to a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. The people of Kenya chose to exercise their sovereign and inalienable right to determine the form of governance to adopt. At the core of any democratic society is the element of public participation. The Constitution has embedded this principle in its Preamble, Article 10(2) on national values and Article 118 which speaks to public access and participation.
At the heart of the right to access justice is the right to legal representation. The lawyers’ role in the legal process therefore cannot be understated. Lawyers deserve to be compensated for their work because the practice of law is a career just like any other. However, Wanjiku should have the comfort of knowing that she can access justice and hire lawyers just as easily as anyone else. There is therefore need to maintain a delicate balance between these competing interests; the right to access to justice and fair remuneration of lawyers.
IKM has successfully defended Kenya Airports Authority in a landmark case at the Supreme Court, challenging the decision of the Court of Appeal in assessing the instruction fees due to an advocate.
The Supreme Court on 17 February 2023 delivered a judgment in the case of Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others [Petition No. 16 (E023) of 2021] (the Westmont Case) in which it outlined standard guiding principles that courts ought to consider when making an order for security for costs.