CONSULTANCY FOR THE DEVELOPMENT OF A PPARB DECISIONS DIGEST

_____________________
TECHNICAL PROPOSAL
_____________________

SUBMITTED BY:

OFFICE: Branton Court, Maisonette A6

Ndemi Lane, Off Ngong Road
P. O. Box 19893-00100
Nairobi Kenya
PHONE : +254-20–246 7437|+254-786-864-179
EMAIL: info@muthomikaranja.com
URL: http://www.muthomikaranja.com

MAY 6, 2023
OUR REF: YOUR REF: DATE:
GEN/TENDER/2014 T. B. A. 6 May, 2023

Deutsche Gesellschaft für

Internationale Zusammenarbeit (GIZ) GmbH
Imperial Bank Building, Riverside Drive
P. O. Box 41607 00-100
Nairobi

Ladies/Gentlemen,

R E: TECHNICAL PROPOSAL

CONSULTANCY FOR THE DEVELOPMENT OF A PUBLIC PROCUREMENT

ADMINISTRATIVE REVIEW BOARD DECISIONS DIGEST FOR THE YEARS 2011-2013

We, the undersigned offer to supply consultancy services for the development of a

Public Procurement Administrative Review Board Decisions Digest (2011-2013) in

accordance with your Request for Proposals dated 3rd September 2014.

Our Proposal includes this Technical Proposal and a Financial Proposal under a separate

email.

We understand that you are not bound to accept any proposal you receive.

We remain,

Yours sincerely,

MUTHOMI THIANKOLU
PARTNER, MUTHOMI & KARANJA ADVOCATES
muthomi@muthomikaranja.com

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TABLE OF CONTENTS

SECTION 1: CONSULTANT’S UNDERSTANDING OF THE PROJECT..................................................5

1.1 On the Project and its Objectives...................................................................................5

1.2 On the Terms of Reference & Scope of Work...............................................................5

1.3 On the Personnel and Facilities to be provided by the Client....................................6

SECTION 2: PROPOSED STAFF AND THEIR QUALIFICATIONS.........................................................7

2.1 List of the Proposed Technical Staff..............................................................................7

2.2 Summary of Qualifications of the Proposed Technical Staff......................................8

2.3 Detailed Curricula Vitae of Proposed Technical Staff...............................................10

Muthomi Thiankolu......................................................................................................10

Samuel Karanja Muthondio.........................................................................................16

Starlings Muchiri Muciimi...........................................................................................18

Catherine Moni.............................................................................................................20

2.4 List of the Proposed Support Staff..............................................................................21

2.5 Summary of the Qualifications of the Proposed Support Staff................................21

SECTION 3: PROPOSED METHODOLOGY & WORK PLAN.............................................................22

3.1 Methodology..................................................................................................................22

3.1.1 Collecting Hard and Soft Copies of the Decisions...........................................22

3.1.2 Reading, Editing and Summarizing the Decisions..........................................22

3.1.3 Sorting, Categorising and Clustering the Decisions........................................22

3.1.4 Compilation of the Digest...................................................................................23

3.1.5 Publishing Design Layout...................................................................................23

3.1.6 Participation of & Consultations with the Client.............................................23

3.2 Work Plan.......................................................................................................................23

SECTION 4: CONSULTANT’S FIRM PROFILE...................................................................................25

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4.1 Introduction...................................................................................................................26

4.2 Our Team........................................................................................................................26

4.3 Summary of Current and Recent Clients....................................................................26

4.3 Core Areas of Practice...................................................................................................28

4.4 Office Location Contact Details...................................................................................31

4.5 Summary of the Qualifications of Key Resource Persons........................................32

4.6 Detailed Curricula Vitae of Key Resource Persons...................................................34

Muthomi Thiankolu......................................................................................................34

Samuel Karanja Muthondio.........................................................................................40

Starlings Muchiri Muciimi...........................................................................................43

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SECTION 1: CONSULTANT’S UNDERSTANDING OF THE PROJECT

1.1 On the Project and its Objectives

The main objectives of the project are:

(a) to assist the Public Procurement Administrative Review Board (“the Review Board”
or “PPARB”) to make quick and consistent decisions; and
(b) to provide a quick, user friendly and authoritative publication of the decisions the
Review Board for the years 2011, 2012 and 2013.

The PPARB Decisions Digest for the years 2011—2013 (“the Digest”) will contribute to the
socioeconomic development of Kenya in many ways. It will not only aid the Review Board
in discharging its statutory mandate but also promote transparency, accountability, stability
and predictability in the resolution of public procurement disputes in Kenya. The Digest
will also facilitate the orderly and disciplined development of the law on public
procurement in Kenya. Further, the Digest will (i) foster the enjoyment of Kenyan citizens’
constitutional right of access to information; (ii) increase public awareness on the country’s
public procurement system; and (iii) enable the public, litigants, policy makers and other
stakeholders to assess whether the country’s public procurement system complies with the
applicable constitutional and statutory requirements.

1.2 On the Terms of Reference & Scope of Work

The task of this project is clearly and sufficiently described at clause 3 of the Terms of
Reference. In summary, the consultant is required to:

(a) read, edit and summarize the Review Board’s decisions for the years 2011—2013;
(b) sort, categorize and cluster the decisions based on (i) the type of request for review;
(ii) the breaches alleged by the candidate; (iii) the decision of the PPARB; (iv) the
legal principle(s) embodied in the decision of the PPARB; and (v) the comments or
observations (if any) made by the Review Board;
(c) compile the decisions into a PPARB Decisions Digest for the years 2011—2013 based
on the categorisations in (b) above and in accordance with the style and format of
the Kenya Law Reports; and
(d) edit and design the Digest in a manner agreeable with the PPARB for digital and
hard cover publishing.

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 1.3 On the Personnel and Facilities to be provided by the Client

We would suggest that the Terms of Reference be underlined by the need to ensure the
timely availability of the relevant decisions to the consultant, preferably in both hard and
soft copies (MS Word version or equivalent). To ensure the expeditious availability of the
decisions, and any other required documents or information, we suggest the designation of
a key contact person for the project within the PPOA or the PPARB.

Our past experience in the development of the Public Procurement Law Reports (2008-2010)
PPLR) indicates that it is important to engage the professional services of a qualified Layout
and Design expert in a project of this type (c.f. clause 3.3 of the Terms of Reference). We have
incorporated such an expert into our proposed technical team for the project.

Subject to any instructions from the client, our proposal is based on the assumption that the
successful consultant will be expected to work in their own offices for the duration of the
project.

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SECTION 2: PROPOSED STAFF AND THEIR QUALIFICATIONS

2.1 List of the Proposed Technical Staff

NAME POSITION MAIN ROLE(S) IN THE PROJECT

Muthomi Thiankolu Team Leader  Overall supervision of the consultant’s team.

 Technical advice to the consultant’s team and the client.
 Reading, editing and summarising assigned PPARB
decisions.
 Sorting, clustering and categorising assigned PPARB
decisions
 Compiling and submitting the Digest
 Preparing and submitting all Reports to be delivered to
Client.
 All official correspondence and liaison with the Client
and any other necessary party.

Samuel Karanja Researcher  Reading, editing and summarising assigned PPARB

Muthondio decisions.
 Sorting, clustering and categorising assigned PPARB
decisions.
 Preparing assigned portions of the Digest.

Starlings Muchiri Researcher  Reading, editing and summarising assigned PPARB

Muciimi decisions.
 Sorting, clustering and categorising assigned PPARB
decisions.
 Preparing assigned portions of the Digest.

Catherine Moni Layout  Publishing Design and Layout of the Digest.

Designer

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 2.2 Summary of Qualifications of the Proposed Technical Staff

NAME YEARS OF SUMMARY OF QUALIFICATIONS MAIN AREAS OF

PRACTICE PRACTICE/EXPERTISE
Muthomi 8 Masters of Laws  Public Procurement.
Thiankolu (LLM (with distinction) in
International Economic Law)  Civil and Commercial
University of Warwick (2009). Litigation.
 Legal Advisory &
Postgraduate Diploma in Law Consultancy Services
(Kenya School of Law, 2006)  Constitutional &
Administrative Law.
Bachelor of Laws  Electoral Law and
University of Nairobi (2005) Disputes.
Samuel Karanja 8 Postgraduate Diploma in Law  Civil & Commercial
Muthondio (Kenya School of Law, 2006) Litigation.
 Public Procurement
Bachelor of Laws Law.
University of Nairobi (2005)
 Conveyancing & Real
Estate Transactions.
 Commercial Law &
Transactions.
 Probate &
Administration.
 Family Law.
Starlings 8 Chartered Institute of Taxation UK,  Tax and Legal
Muchiri Advanced Diploma in International Consultancy.
Muciimi Taxation.
 Tax Policy
Development.
Postgraduate Diploma in Law
(Kenya School of Law, 2006)  Business Restructuring.
 Mergers & Acquisitions.
Bachelor of Laws (LLB) University  Tax Dispute Resolution.
of Nairobi.
 Tax Training.
 Global Transfer Pricing
Certified Public Accountancy
Policies.
Strathmore University.
Catherine Moni 11 Master of Business Administration  Publishing Design &
(Strategic Management) Layout
University of Nairobi (ongoing)

Bachelor of Communications
(publishing Option) (2012)

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St Paul’s University

Certificate in Electronic Publishing

KUL Graphics (2008)

Diploma in Business Information

Systems
Association of Business Executives
(UK) (2005)

Secretarial Course
Pitman (1997)

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 2.3 Detailed Curricula Vitae of Proposed Technical Staff

Muthomi Thiankolu

PROFESSION: Lawyer; Advocate of the High Court of Kenya

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society

Brief Profile

Muthomi is a Partner at Muthomi & Karanja Advocates and a Lecturer at the University of
Nairobi School of Law. He previously served as a Lecturer at the Kenyatta University
School of Law, Partner at Mohammed Muigai Advocates and Council Member at the Meru
University College of Science and Technology. Muthomi's research and practice interests are
in public procurement law, civil and commercial litigation, constitutional and
administrative law, international economic law and electoral disputes. He has authored
many journal articles in these subjects. Muthomi has recently advised and represented
clients in various complex and high value consultancies, legal advisory and litigious
assignments.

Selected Current & Recent Legal Consultancy & Advisory Assignments

Muthomi is currently advising the Commission for the Implementation of the Constitution
on the technical soundness and constitutionality of the Public Procurement and Assets
Disposal Bill, 2014. The State University of New York Centre for International Development
(“SUNY”) contracted Muthomi to undertake a critical review of the Bill and make a
presentation at a workshop for the Budget and Appropriations Committee of the Kenyan
Parliament in August 2014. Muthomi’s other relevant recent consultancy assignments are
outlined below:

The East African Community Common Market Score Card (2013)

Muthomi recently advised the World Bank Group (the International Finance Corporation)
on the implementation of the Protocol on the Establishment of the East African Community
Common Market.

Business Entry Regulation and Exchange of Company Information in the East African Community (2012)

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Muthomi advised the World Bank Group (the International Finance Corporation) on the
legal and institutional framework for the registration of companies, cross-recognition of
company registration documents and licenses and the right of establishment as envisioned
in the Common Market Protocol to the Treaty Establishing the East African Community.

Review and Harmonisation of the Legal and Regulatory Framework for the Agricultural Sector in Kenya (2012)

Muthomi advised the Ministry of Agriculture (the Agricultural Sector Coordination Unit)
on the review, harmonisation and consolidation of the legal framework governing the
agricultural sector in Kenya. The project is aimed at harmonizing and consolidating over
100 statutes currently governing the sector.

Development of Case Digests and Law Reports (2012, 2013)

Muthomi has advised the German Technical Cooperation (GiZ, previously GTZ) on the
preparation and development of Case Digests on (i) decisions of the Public Procurement
Administrative Review Board; and (ii) judgments issued by Kenyan courts in
(anti)corruption cases.

Guidelines for the Determination of Frivolous Appeals (2011)

Muthomi has advised the German Technical Cooperation (GiZ, previously GTZ) and the
Public Procurement Oversight Authority on the development of guidelines for the
determination of frivolous appeals lodged before the Public Procurement Administrative
Review Board.

Design and Architecture of the Kenya Government under the New Constitution (2010)

Muthomi has advised the Government of Kenya (Office of the President) on the design and
architecture of the government of the Republic of Kenya under the new Constitutional
dispensation, in a project aimed at facilitating the implementation of Kenya’s 2010
constitution.

Selected Recent Dispute Resolution Assignments

Muthomi has handled many complex and high-stakes dispute resolution assignments in the
recent past, including the following:

Supreme Court of Kenya Petition No. 2b of 2014: Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others

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Muthomi represented the 1st Respondent to the petition, which raised several constitutional
issues relating to the election for the Governor of the Meru County of the Republic of Kenya.

Civil Appeal (Nairobi) No. 290 of 2004: The Hon. Attorney General v John Wanjohi T/A Metro Laboratories Ltd

Muthomi is currently representing the Respondent in this appeal, which arises from the
judgment and decree of the High Court in Kenya in a dispute relating to the tender for the
supply of 2,500 tons of Aluminum Sulphate to the Ministry of Water and Environment.

East African Court of Justice Reference No. 6 of 2010: Alcon International Ltd v Standard Chartered Bank of
Uganda & 2 Others

Muthomi represented the claimant in the dispute, which related to the protection of cross-
border investments under the Protocol on the Establishment of the East African Community
Common Market.

High Court of Kenya (Meru) Election Petition No. 1 of 2013: Dickson Mwenda Kithinji v Peter Gatirau Munya & 2
Others

Muthomi led a team of lawyers representing the petitioner in this dispute, which related to
the first gubernatorial elections held under the Constitution of Kenya, 2010.

Industrial Court of Kenya (Nairobi) Case No. 1344 of 2012: Maurice Antony Ewing v Equity Bank Ltd

Muthomi advised and represented the claimant in this dispute, relating to the unfair
termination of an expatriate senior manager of a leading Kenyan bank.

High Court of Kenya (Machakos) Miscellaneous Civ. Appl. No. 24 of 2012: Republic v National Social Security
Fund ex-parte the Municipal Council of Mavoko

Muthomi is currently advising and representing the Local Authorities Pensions Trust in the
dispute, where the main issue is whether local authorities’ employees who are contributors
to a pension scheme are liable to be registered with the National Social Security Fund.

High Court of Kenya (Nairobi) Misc. Civ. Appl. No. 7 of 2012: Republic v Chief Justice of the Republic of Kenya
& Another ex-parte the Truth Justice and Reconciliation Commission

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Muthomi advised and represented the Chairman of the Truth Justice and Reconciliation
Commission in this and related proceedings challenging his appointment and suitability to
hold the office.

High Court of Kenya (Kitale) Misc. Civ. Appl. No. 30 of 2010: Republic v Permanent Secretary Ministry of Energy
ex-parte Interstate Petroleum Limited

Muthomi advised and represented an Africa Oil Corporation in the dispute, which related
to oil exploration rights over various blocks situated in various counties of the Republic of
Kenya.

High Court of Kenya Misc. Civ. Appl. No. 1260 of 2007: Republic v Public Procurement Administrative Review
Board & Another ex-parte Selex Sistemi Integrati SpA

Muthomi advised and represented Selex Sistemi Integrati SpA in the dispute, arising from a
tender for the supply, installation, upgrading and modernisation of air navigation
equipment at Kenya’s airports.

Election Petition (Nairobi) No. 13 of 2008; John Kiarie Waweru v Beth Wambui Mugo & 2 Others

Muthomi advised and represented the then Member of Parliament for Dagoretti
Constituency in the dispute (arising from Kenya’s 2007 general election), relating to
allegations of election offences and the threshold for invalidation of a parliamentary
election.

High Court of Kenya (Nairobi) Misc. Appl. No. 84 of 2007: Republic v District Commissioner for Mutomo District
& Others Ex Parte Bamburi Cement Ltd:

Muthomi advised and represented Athi River Mining Ltd in the dispute, which related to
exploitation of common minerals (limestone deposits) in the Kitui County of the Republic of
Kenya.

Election Petition (Kisii) No. 7 of 2008: Manson Oyongo Nyamweya v James Omingo Magara & 3 Others

Muthomi advised and represented the petitioner in the dispute (arising from Kenya’s 2007
general election), relating to allegations of election offences and the threshold for
invalidation of a parliamentary election.

Election Petition No. 10 of 2008: William Kabogo Gitau v George Thuo & 2 Others:

13
Muthomi advised and represented the Member of Parliament for Juja Constituency in the
dispute (arising from Kenya’s 2007 general election). Key issues included whether there
exists a right to inspect election documents after filing of election petition, scrutiny and
recount of ballots, loss of election documents, allegations of election offences, the burden
and standard of proof of election offences and the threshold for invalidation of a
parliamentary election.

Selected Publications and Research Papers

Muthomi has several publications and research papers on diverse aspects of Kenyan law,
notably in the areas of constitutional and administrative law, public procurement, human
rights, and electoral law. These publications include:

 Thiankolu, M. (2013): Resolution of Electoral Disputes in Kenya: An Audit of Past Court

Decisions.

 Thiankolu, M. (2011) Reconciling Incongruous Policy Objectives and Benchmarking

Kenya’s Public Procurement Law: a Review of the Selex Case, 11 (4) JOURNAL OF PUBLIC
PROCUREMENT.

 Thiankolu, M. (2007) Landmarks from El Mann to the Saitoti Ruling; Searching a

Philosophy of Constitutional Interpretation in Kenya, VOLUME 1 KENYA LAW REVIEW.

 Thiankolu, M. (2005) The Constitutional Review Cases; Emerging Issues in Kenyan

Jurisprudence, Volume 2 EAST AFRICAN LAW JOURNAL.

 Thiankolu, M. (2006) The Anti-Corruption and Economic Crimes Act; Has Kenya
Discharged Her Obligations to Her Peoples and the World? NATIONAL COUNCIL FOR LAW
REPORTING.

 Thiankolu, M. (2007) Towards a Legal Framework on Assisted Human Reproduction in

Kenya; Some Thoughts on the Law, Technology and Social Change, NATIONAL COUNCIL
FOR LAW REPORTING.

Educational Background

 2009: Master of Laws (LLM) in International Economic Law, University of Warwick.

 2006: Post-graduate Diploma in Law, Kenya School of Law.

14
  2005: Bachelor of Laws (LLB) University of Nairobi.

Current Positions

 Partner, Muthomi & Karanja Advocates.

 Lecturer, University of Nairobi School of Law.

Past Positions

 Partner, Mohammed Muigai Advocates.

 Council Member, Meru University College of Science and Technology;

 Associate, Mohammed Muigai Advocates.

 Lecturer, Kenyatta University School of Law.

 Legal Assistant, B M Musau & Co. Advocates.

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 Samuel Karanja Muthondio

PROFESSION: Lawyer; Advocate of the High Court of Kenya

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society; Institute of
Certified Public Secretaries of Kenya (ICPSK).

Brief Profile

Karanja is the Managing Partner at Muthomi & Karanja Advocates. He previously served as
an Associate at Ojiambo & Company Advocates, Associate at Miller & Company Advocates
and Legal Officer at Family Bank Limited. Karanja’s practice interests are in dispute
resolution, conveyancing and real estate transactions, company and commercial law,
environmental law, labour law, pensions and retirement benefits and communications law.
He regularly appears before Kenya’s superior courts of record and many other judicial and
quasi-judicial tribunals in a wide array of cases touching on these areas of practice.

Selected Recent Dispute Resolution Assignments

Karanja has handled many complex and high-stakes dispute resolution assignments in the
recent past, including the following:

National Environment Tribunal Case No. 61 of 2010: Multiple Haulers East Africa Limited v Director General
NEMA

Karanja advised and represented the National Environmental Management Authority in the
dispute, arising from cancellation of approval for the construction of an inland container
depot at the Mombasa Port, Kibarani sea front.

High Court of Kenya (Nairobi) Petition No. 237 of 2011: Daniel Kipchirchir Sang v Commission for
Implementation of the Constitution & 4 others

Karanja advised and represented the Commission for the Implementation of the
Constitution in the dispute, relating to the removal of some Members of the Kenyan
Parliament from the Parliamentary Service Commission.

High Court of Kenya (Nairobi) Civ. Case No. 484 of 2008: Catherine Kenani & 25 Others v National Bank of
Kenya Limited & 8 others

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Karanja advised and represented the National Bank of Kenya Ltd in this dispute, relating to
a Staff Retirement Benefits Scheme.

High Court of Kenya (Nairobi) Civ. Case No. 287 of 2009: Evanson Mwangi & 66 Others v National Bank of
Kenya Ltd & 8 others

Karanja advised and represented National Bank of Kenya Ltd in the suit, brought by former
employees claiming damages for wrongful and unfair dismissal.

Selected Recent Commercial Assignments

Karanja has handled many complex and high-value commercial transactions in the recent
past, including the following:

Midas Development Ltd (Drumvale Project)

Karanja advised and represented Midas Development Ltd in the Purchase of Mavoko Town
Block 12/907 from Drumvale Farmers Co-operative Society. The assignment entailed, inter
alia, obtaining the necessary licenses and statutory approvals for the construction of a mixed
housing project with over 200 houses.

Educational Background

 2006: Post-graduate Diploma in Law, Kenya School of Law.

 2005: Bachelor of Laws (LLB) University of Nairobi.

Current Positions

 Managing Partner, Muthomi & Karanja Advocates.

Past Positions

 Associate, Ojiambo & Company Advocates.

 Associate, Miller & Company Advocates.

 Legal Officer, Family Bank Ltd.

 Legal Assistant, Ojiambo & Company Advocates.

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 Starlings Muchiri Muciimi

PROFESSION: Lawyer; Advocate of the High Court of Kenya, Certified

Public Accountant

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society, Institute of
Certified Public Accountants of Kenya (“ICPAK”), Institute of
Certified Public Accountants of Rwanda (“ICPAR”).

Brief Profile

Starlings is a legal consultant with Muthomi & Karanja Advocates and a Certified Public
Accountant. He previously served as a tax consultant with KPMG and PKF, with postings in
Kenya and across the East African Community. Starlings’ practice interests are legal
consultancies, tax policy development, business restructuring, mergers and acquisitions, tax
dispute resolution, tax training, development of global transfer pricing policies as well as
their implementation and documentation. He has advised clients in commercial,
manufacturing, natural resource extraction, finance and investment, banking, insurance,
energy, information communication and technology (ICT), real estate, construction, hotel
and hospitality, NGOs, aviation and agricultural industries.

Starlings has provided legal consultancy services to (inter alia) the TATA Group, Contour
Global LLP, Aggreko International power Projects, Barclays Bank, Finlays Group, Unilever
Tea Kenya Limited, Vestas Limited, Safair Operations (Pty) Limited, Wananchi Group
Kenya Limited, Safal Group, Manhattan Global FZE Group, Sameer Africa Limited, Centum
Investments Limited, Fina Bank Rwanda Ltd, Safintra Rwanda Ltd, Nakumatt
Supermarkets, Standard Bank Group and Dian Fossey Gorilla fund International, among
others.

Educational Background

 2012: Chartered Institute of Taxation UK, Advanced Diploma in International Taxation.

 2006: Post-graduate Diploma in Law, Kenya School of Law.

 2005: Bachelor of Laws (LLB) University of Nairobi.

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 2005: Strathmore University, Certified Public accountancy.

Current Positions

 Partner, East African Tax consulting

 Consultant, Muthomi & Karanja Advocates.

Past Positions

 Tax Manager, PKF Taxation Services Limited.

 Tax Consultant, KPMG Kenya.

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 Catherine Moni

PROFESSION: Electronic Publishing

YEARS OF PRACTICE: 11

NATIONALITY: Kenyan

Brief Profile

Catherine is an Assistant Publishing Officer with the National Council for Law Reporting
(Kenya Law Reports) and the Head of the Publishing & Layout Unit within the Law
Reporting Department. Her specific duties include preparing document templates for
various publications; layout design; guiding other team members in the publishing unit;
training new team members on different in-house styles and software; and advising the
management on the most suitable software for publications.

During the course of her employment at the Council for Law Reporting, Catherine has been
responsible for the design and layout of many publications—including the Public
Procurement Law Reports (2008-2010) PPLR; the 2008 to 2011 editions of the Kenya Law
Reports; various editions of the Bench Bulletin; and the Supreme Court Case Digest.

Academic Qualifications

The University of Nairobi MBA (Strategic Management option)

Currently undertaking

St Paul’s University Bachelor of Communication (Publishing Option)

KUL Graphics Certificate in Electronic Publishing

ABE (UK) Diploma in Business Information Systems

Link up Computer College Secretarial Course

20
 2.4 List of the Proposed Support Staff

NAME POSITION MAIN ROLE(S) IN THE PROJECT

Winnie Soila Mararo Administrative  Receiving correspondence, Messages &

Assistant Telephone Calls.
 Arrangement of Meetings & Workshops.
 Printing & Photocopying.

Kennedy Wainaina Research Assistant  Research on assigned topics.

Kinuthia  Assigned Errands.

2.5 Summary of the Qualifications of the Proposed Support Staff

NAME SUMMARY OF QUALIFICATIONS

Winnie Soila Mararo Certificate in Secretarial Services.

Kennedy Wainaina Kinuthia Diploma in Law, Kenya School of Law (Para-Legal Studies).

21
SECTION 3: PROPOSED METHODOLOGY & WORK PLAN

3.1 Methodology

The key elements of the methodology we shall employ for this project are set out below:

3.1.1 Collecting Hard and Soft Copies of the Decisions

We believe that this ought, naturally, to be the starting point in an exercise of the nature and
scope set out in the Terms of Reference. This crucial step will enable us and the client to get
a ‘big picture’ of the size of the envisioned Digest, and whether the same should be set out in
a single volume or two volumes. This will also assist in deciding the amount of editing
required, and the material to be left out of the envisioned digest.

3.1.2 Reading, Editing and Summarizing the Decisions

Each member of the proposed Technical Team shall meticulously read, edit and summarize
assigned cases. The summaries shall be done in a standard format following the style
normally used in the Kenya Law Reports. In particular, the summary of each PPARB
decision shall set out:

(a) the main legal principle(s) embodied in the decision, e.g. “tender evaluation criteria
must, to the greatest extent possible, be objective and quantifiable”;
(b) the main procurement law issue(s) arising from the decision, e.g. “preferences and
reservations…promotion of local industry...promotion of disadvantaged and marginalised
communities…”
(c) a brief narration (no more than 250 words) of the facts of the case;
(d) a list of the case law and other legal authorities cited in the decision; and
(e) verbatim excerpts of the relevant parts of the relevant PPARB decision.

3.1.3 Sorting, Categorising and Clustering the Decisions

After reading, editing and summarising the decisions in the manner described in the
preceding section, we shall cluster them for purposes of compilation in the Digest. The
clustering will be done in accordance with the guidelines set out at clause 3.1 of the Terms
of Reference. The clustering will ensure that decisions dealing with similar problems, legal
issues or breaches appear following each other in the Digest. It should be pointed at the
outset that the implication of this clustering is that the decisions will not necessarily appear
in chronological order once the Digest is compiled.

22
 3.1.4 Compilation of the Digest

Once the decisions have been summarized and clustered as described in the preceding
parts of this section, we shall compile the envisioned PPARB Decisions Digest. For quick
and easy reference, we shall prepare tables of contents and index of all the cases reported in
the Digest, following the style and format used in the Kenya Law Reports.

3.1.5 Publishing Design Layout

Once the draft digest is compiled, the layout designer will prepare it for digital and
hardcover publishing in the format and style used for the Kenya Law Reports. It is for this
reason that we have provided in our team for a layout designer with extensive experience
working on the Kenya Law Reports.

3.1.6 Participation of & Consultations with the Client

We shall adopt a participatory approach in the development of the required PPARB Digest,
to ensure that the Digest not only meets the client’s need but also the needs of the wider
public and other key stakeholders. To this end, we propose regular meetings with the client
or the assigned contacts person throughout the various stages of the project.

3.2 Work Plan

It is estimated that a project of this nature and scope should be completed in 12 weeks. Our
proposed work schedule set out in the table below:

ACTIVITY (WORK) WEEKS

1 2 3 4 5 6 7 8 9 10 11 12

Project Inception & Collecting Hard and Soft

Copies of the Decisions as per Section 3.1.1 of
this Proposal.

File an Inception Report indicating all the

matters set out in clause 5.0 of the Terms of
Reference

Reading, Editing and Summarizing the

Decisions as per Section 3.1.2 of this Proposal

23
Filing a midway update as per Clause 5.0 of the
Terms of Reference

Sorting, Categorising and Clustering the

Decisions as per Section 3.1.3 of this Proposal

Compilation of the Digest as per Section 3.1.4 of

this Proposal

Availing 10 copies of the Digest and a soft copy

(in MS Word) of the compiled Digest as per
Clause 5.0 of the Terms of Reference

Publishing Design & Layout of the Compiled

Digest as per Section 3.1.5 of this Proposal and
Clause 3.3 of the Terms of Reference

Filing the Final Version of Digest ready for

Digital & Hard Copy Publishing

24
SECTION 4: CONSULTANT’S FIRM PROFILE

_______________
FIRM PROFILE
_______________

OFFICE: Branton Court, Maisonette A6

Ndemi Lane, Off Ngong Road
P. O. Box 19893-00100
Nairobi Kenya
PHONE : +254-20–246 7437|+254-786-864-179
EMAIL: info@muthomikaranja.com
URL: http://www.muthomikaranja.com

May 6, 2023
 4.1 Introduction

Muthomi & Karanja Advocates is a Kenyan law firm based in Nairobi. The Firm provides
high quality legal and regulatory advisory services in Kenya and across the East African
region. We have advised and represented a wide array of local, regional and international
clients in various complex and high-value assignments. The Firm is associated with the
highest standards of professional skill, competence and reliability—stemming from our
lawyers’ invaluable experience in dispute resolution; legal consultancy and advisory
services; conveyancing and real property transactions; and general commercial work.

4.2 Our Team

Our core team comprises 2 partners and one consultant, each of whom has 8 years standing
in the bar. Also included in the team are 4 paralegal staff and 1 office administrator. Our
core team members have severally been invited as speakers and panellists in various bodies,
including the East African Law Society, the Law Society of Kenya and the Judicial Training
Institute.

4.3 Summary of Current and Recent Clients

Our current and recent clients include (inter alia)—

(a) the Commission for the Implementation of the Constitution, whom we are
currently advising on the technical soundness and constitutionality of the Public
Procurement and Assets Disposal Bill, 2014;

(b) The World Bank Group, for whom we have completed legal consultancies relating
to the implementation of the Protocol on the Establishment of the East African
Common Market and the harmonisation of Business Registration Laws across the
East African Community;

(c) Tullow Kenya B.V., to whom we provide legal advisory services on issues arising
from oil exploration in the Turkana County of the Republic of Kenya;

(d) China Jiangxi International (K) Ltd; whom we have represented in many public
procurement disputes before the Public Procurement Administrative Review Board;

26
 (e) Ripples International and the Equality Effect, whom we advised and represented
in a precedent setting dispute relating to enforcement of various fundamental rights
and freedoms under the Constitution of Kenya, 2010;

(f) Bedrock Holdings Ltd, whom we have represented in public procurement disputes
before the Public Procurement Administrative Review Board;

(g) Gesto Pharma Ltd; PAL International and Plethico Africa Ltd, whom we have
advised on various matters relating to the procurement of pharmaceuticals;

(h) H Young & Co. (EA) Ltd, whom we recently represented in a Public Procurement
Dispute relating to a tender for the construction of an interim passenger terminal at
the Jomo Kenyatta International Airport, and whom we are currently advising on
disputes relating to construction of a road in the Kwale Mineral Sands Mine;

(i) The Local Authorities Pensions Trust (LAPTRUST), whom we recently represented
in litigation on whether persons who have a pension scheme can be compelled to
join or contribute to the National Social Security Fund;

(j) Alcon International Ltd, whom we recently represented in a dispute relating to the
protection of cross-border investment rights under the Treaty for the Establishment
of the East African Community (before the East African Court of Justice);

(k) PPOA/GiZ, for whom we have undertaken legal consultancy assignments on the
preparation of a Public Procurement Law Reports and the Determination of
Frivolous Appeals;

(l) The Law Society of Kenya/GiZ, for whom we have recently completed a legal
consultancy project on the preparation of a Handbook on Election Disputes in
Kenya; and

(m)Yaya Towers Ltd, whom we have recently advised on disputes relating to the
expansion of Ring Road Kilimani.

We have also recently advised and represented various individuals, from multiple
jurisdictions, in litigation touching on a wide array of legal fields, including election
petitions, labour disputes, probate and succession disputes, matrimonial causes,
constitutional references and land and environment disputes.

27
 4.3 Core Areas of Practice

Our core areas of practice are in dispute resolution, real estate transactions, tax and legal
consultancy and advisory services. In the recent past, our lawyers have handled a wide
array of complex and high-value assignments in these core areas as particularised below:

Dispute Resolution

Our lawyers have recently advised and represented—

(a) Alcon International Ltd in a cross-border investment dispute at the East African
Court of Justice;

(b) China Jiangxi International Kenya Ltd in a dispute relating to the construction of a
multi-storey office block for the Parliamentary Service Commission;

(c) Ripples International and the Equality Effect in a dispute relating to the protection
and enforcement of fundamental rights and freedoms under Kenya’s new
Constitution;

(d) Africa Oil Corp and Tullow Oil Kenya in disputes relating to oil exploration in the
Turkana County of the Republic of Kenya;

(e) Linscan Advanced Pipeline & Tank Services in a dispute relating to an international
open tender for the inspection of the Nairobi-Eldoret, Sinedet-Kisumu Multiproduct
Pipeline;

(f) Clinix Healthcare Ltd and Gesto Pharma Ltd in an inquiry relating to the rolling of
an outpatient services cover scheme by the National Hospital Insurance Fund;

(g) the Local Authorities Pensions Trust (LAPTRUST) in disputes relating to retirement
benefits for persons employed by local authorities in Kenya;

(h) the Agro-Chemical & Food Company in a dispute relating to an international open
tender for the construction of a Bulk Volume Fermenter;

(i) Schnider Electric France and Mehta Electrical Ltd in a dispute relating to the
Renovation and Expansion of Passenger Terminal Facilities at the Jomo Kenyatta
International Airport, Nairobi;

(j) Selex Sistemi Integrati SpA in a dispute relating to the upgrading and modernisation
of air navigation equipment at Kenyan airports;

28
 (k) the Central Bank of Kenya in a dispute relating to an international tender for the
construction of a multi-storeyed parking silo within Nairobi’s Central Business
District;

(l) Pan-Africa Network Group (Kenya) Company Limited in a dispute relating to the
distribution of digital broadcasting signals in Kenya;

(m)Various clients in election petitions arising from Kenya’s disputed 2007 general
election;

(n) Various clients in proceedings relating to the Truth Justice and Reconciliation
process in Kenya;

(o) Various clients in disputes relating to public procurement, constitutional and

administrative law, election petitions and other disputes of a public-law nature; and

(p) Various clients in court proceedings relating to anti-corruption efforts in Kenya.

Conveyancing and Real Estate Transactions

Our lawyers have recently advised and represented many clients in various high value and
complex conveyancing, real estate and securities transactions. Some of the clients include:

(a) the National Bank of Kenya Ltd;

(b) the Housing Finance Company Ltd;

(c) the Barclays Bank of Kenya Ltd;

(d) the Development Bank of Kenya Ltd;

(e) Family Bank Ltd; and

(f) various developers and individuals.

Legal Consultancy and Advisory Services

We have recently advised many clients in complex assignments relating to legal and
regulatory reforms in Kenya and the East African region. In particular, our lawyers have
recently provided legal consultancy and advisory services to:

(a) the German Technical Cooperation (GiZ) and the Law Society of Kenya in the
preparation of a Handbook on the determination of electoral disputes in Kenya;

29
 (b) the World Bank Group (the International Finance Corporation) on the
implementation of the Protocol on the Establishment of the East African Community
Common Market;

(c) the World Bank Group (the International Finance Corporation) on business start-up
and registration procedures across the East African region;

(d) the Government of Kenya (Office of the President) on the design and architecture of
the Government of the Republic of Kenya under the new Constitutional
dispensation;

(e) the Ministry of Agriculture (Republic of Kenya) on review, harmonisation and

consolidation of the legal framework governing the agricultural sector in Kenya;

(f) the German Technical Cooperation (GiZ) on the preparation of a Case Digest of the
Decisions issued by the Public Procurement Administrative Review Board between
2008 and 2011;

(g) the German Technical Cooperation (GiZ) on the development of guidelines for the
determination of frivolous appeals lodged with the Public Procurement
Administrative Review Board;

Our lawyers have also been engaged as resource persons in various training and continuous
professional development programmes for the following Kenyan organisations:

(a) the Judiciary Training Institute, in relation to the socioeconomic impact of judicial
review decisions issued by the High Court of Kenya;

(b) the Council of Legal Education and the Kenya School of Law, on the Continuous
Professional Development (CPD) Programme;

(c) the Public Procurement Oversight Authority, on training, law reform and capacity
building; and

(d) the Law Society of Kenya, on the Continuous Legal Education Programme.

30
 4.4 Office Location Contact Details

Physical & Postal Address

Our physical and other contact details are as set out below:

Physical & Postal Address: Phone & Email Contacts:

Branton Court, Maisonette A6 Tel.: +254-20–246 7437

Ndemi Lane, Off Ngong Cell: +254-786-864-179

Road
E-mail: info@muthomikaranja.com
P. O. Box 19893-00100
URL: http://www.muthomikaranja.com
Nairobi

Key Contact Persons

Name Samuel Karanja Muthondio

Position Managing Partner

Telephone +254-20–246 7437|+254-786-864-179

Cell phone +254-721-979-236|+254-738-690-501

Emails karanja@muthomikaranja.com; info@muthomikaranja.com

Name Muthomi Thiankolu

Position Senior Partner

Telephone +254-20–246 7437|+254-786-864-179

Cell phone +254-720-781-449|+254-774-239-963

Emails muthomi@muthomikaranja.com; info@muthomikaranja.com

31
 4.5 Summary of the Qualifications of Key Resource Persons

Our core expertise is in (i) dispute resolution; (ii) conveyancing and real estate transactions;
and (iii) legal advisory and consultancy services. A summary of the qualifications of our
key resource persons is set out in the table below.

NAME YEARS OF SUMMARY OF QUALIFICATIONS MAIN AREAS OF

PRACTICE PRACTICE/EXPERTISE

Muthomi 7 Masters of Laws  Civil and Commercial

Thiankolu Litigation
(LLM (with distinction) in
International Economic Law)  Legal Advisory &

University of Warwick (2009). Consultancy Services

 Public Procurement

Postgraduate Diploma in Law  Constitutional &

Administrative Law
(Kenya School of Law, 2006)
 Electoral Law and
Disputes
Bachelor of Laws

University of Nairobi (2005)

Samuel Karanja 7 Postgraduate Diploma in Law  Civil & Commercial

Muthondio Litigation
(Kenya School of Law, 2006)
 Conveyancing & Real
Estate Transactions
Bachelor of Laws
 Commercial Law &
University of Nairobi (2005)
Transactions

 Probate &
Administration

 Family Law

Starlings 7 Chartered Institute of Taxation  Tax and Legal

Muchiri UK, Advanced Diploma in Consultancy,
Muciimi International Taxation.  Tax Policy Development,

Post-graduate Diploma in Law,

32
Kenya School of Law.  Business Restructuring,

Bachelor of Laws (LLB)  Mergers and

University of Nairobi. Acquisitions,

Certified Public Accountancy,  Tax Dispute Resolution,

Strathmore University.  Tax Training,

 Development of Global
Transfer Pricing Policies

33
 4.6 Detailed Curricula Vitae of Key Resource Persons

Muthomi Thiankolu

PROFESSION: Lawyer; Advocate of the High Court of Kenya

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society

Key Qualifications

Mr. Muthomi holds an LLM degree in International Economic Law (with distinction) from
the University of Warwick, an LLB (Hons.) from the University of Nairobi and a
Postgraduate Diploma in Legal Practice from the Kenya School of Law. He is an Advocate
of the High Court of Kenya (8 years) in good standing.

Core Practice Areas

Muthomi’s practice interests and specialties are in civil and commercial litigation,
constitutional and administrative law, public procurement law, international economic law
and electoral disputes. Muthomi has recently advised and represented clients in many
complex and high value legal consultancies and litigious assignments in these areas of the
law. He has authored many journal articles in these areas of the law.

Muthomi is also a lecturer at the University of Nairobi School of Law, where he has recently
taught courses in international economic law and legal practice.

Selected Recent Dispute Resolution Assignments

Muthomi has handled many complex and high-stakes dispute resolution assignments in the
recent past, including the following:

Supreme Court of Kenya Petition No. 2b of 2014: Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others

Muthomi represented the 1st Respondent to the petition, which raised several constitutional
issues relating to the election for the Governor of the Meru County of the Republic of Kenya.

Civil Appeal (Nairobi) No. 290 of 2004: The Hon. Attorney General v John Wanjohi T/A Metro Laboratories Ltd

34
Muthomi is currently representing the Respondent in this appeal, which arises from the
judgment and decree of the High Court in Kenya in a dispute relating to the tender for the
supply of 2,500 tons of Aluminum Sulphate to the Ministry of Water and Environment.

East African Court of Justice Reference No. 6 of 2010: Alcon International Ltd v Standard Chartered Bank of
Uganda & 2 Others

Muthomi represented the claimant in the dispute, which related to the protection of cross-
border investments under the Protocol on the Establishment of the East African Community
Common Market.

High Court of Kenya (Meru) Election Petition No. 1 of 2013: Dickson Mwenda Kithinji v Peter Gatirau Munya & 2
Others

Muthomi led a team of lawyers representing the petitioner in this dispute, which related to
the first gubernatorial elections held under the Constitution of Kenya, 2010.

Industrial Court of Kenya (Nairobi) Case No. 1344 of 2012: Maurice Antony Ewing v Equity
Bank Ltd
Muthomi advised and represented the claimant in this dispute, relating to the unfair
termination of an expatriate senior manager of a leading Kenyan bank.

High Court of Kenya (Machakos) Miscellaneous Civ. Appl. No. 24 of 2012: Republic v National Social Security
Fund ex-parte the Municipal Council of Mavoko

Muthomi is currently advising and representing the Local Authorities Pensions Trust in the
dispute, where the main issue is whether local authorities’ employees who are contributors
to a pension scheme are liable to be registered with the National Social Security Fund.

High Court of Kenya (Nairobi) Misc. Civ. Appl. No. 7 of 2012: Republic v Chief Justice of the Republic of Kenya
& Another ex-parte the Truth Justice and Reconciliation Commission

Muthomi advised and represented the Chairman of the Truth Justice and Reconciliation
Commission in this and related proceedings challenging his appointment and suitability to
hold the office.

High Court of Kenya (Kitale) Misc. Civ. Appl. No. 30 of 2010: Republic v Permanent Secretary
Ministry of Energy ex-parte Interstate Petroleum Limited

35
Muthomi advised and represented an Africa Oil Corporation in the dispute, which related
to oil exploration rights over various blocks situated in various counties of the Republic of
Kenya.
High Court of Kenya Misc. Civ. Appl. No. 1260 of 2007: Republic v Public Procurement
Administrative Review Board & Another ex-parte Selex Sistemi Integrati SpA
Muthomi advised and represented Selex Sistemi Integrati SpA in the dispute, arising from a
tender for the supply, installation, upgrading and modernisation of air navigation
equipment at Kenya’s airports.

Election Petition (Nairobi) No. 13 of 2008; John Kiarie Waweru v Beth Wambui Mugo & 2 Others

Muthomi advised and represented the then Member of Parliament for Dagoretti
Constituency in the dispute (arising from Kenya’s 2007 general election), relating to
allegations of election offences and the threshold for invalidation of a parliamentary
election.

High Court of Kenya (Nairobi) Misc. Appl. No. 84 of 2007: Republic v District Commissioner for Mutomo District
& Others Ex Parte Bamburi Cement Ltd:

Muthomi advised and represented Athi River Mining Ltd in the dispute, which related to
exploitation of common minerals (limestone deposits) in the Kitui County of the Republic of
Kenya.

Election Petition (Kisii) No. 7 of 2008: Manson Oyongo Nyamweya v James Omingo Magara & 3 Others

Muthomi advised and represented the petitioner in the dispute (arising from Kenya’s 2007
general election), relating to allegations of election offences and the threshold for
invalidation of a parliamentary election.

Election Petition No. 10 of 2008: William Kabogo Gitau v George Thuo & 2 Others:

Muthomi advised and represented the Member of Parliament for Juja Constituency in the
dispute (arising from Kenya’s 2007 general election). Key issues included whether there
exists a right to inspect election documents after filing of election petition, scrutiny and
recount of ballots, loss of election documents, allegations of election offences, the burden
and standard of proof of election offences and the threshold for invalidation of a
parliamentary election.

36
High Court of Kenya (Nairobi) Civ. Case No. 478 of 2009: Dr. Bonny Khalwale v The Kenya Anti-Corruption
Commission Advisory Board & 3 Others

Muthomi advised and represented the then Kenya Anti-Corruption Commission (“KACC”)
in the dispute, arising from the decision of the President of the Republic of Kenya to “ re-
appoint” the Director and two Assistant Directors of KACC without following the process of
prior vetting by the National Assembly. The key issue was whether, in the absence of
express statutory provision to that effect, the prerequisites of an initial appointment to a
public office also apply to re-appointment of an officer after expiry of that officer’s term.

Selected Recent Legal Consultancy & Advisory Assignments

Muthomi has handled many important legal consultancy and advisory assignments in the
recent past, including the following:

The East African Community Common Market Score Card (2013)

Muthomi is currently advising the World Bank Group (the International Finance
Corporation) on the implementation of the Protocol on the Establishment of the East African
Community Common Market.

Business Entry Regulation and Exchange of Company Information in the East African Community (2012)

Muthomi advised the World Bank Group (the International Finance Corporation) on the
legal and institutional framework for the registration of companies, cross-recognition of
company registration documents and licenses and the right of establishment as envisioned
in the Common Market Protocol to the Treaty Establishing the East African Community.

Review and Harmonisation of the Legal and Regulatory Framework for the Agricultural Sector in Kenya (2012)

Muthomi advised the Ministry of Agriculture (the Agricultural Sector Coordination Unit)
on the review, harmonisation and consolidation of the legal framework governing the
agricultural sector in Kenya. The project is aimed at harmonizing and consolidating over
100 statutes currently governing the sector.

Development of Case Digests and Law Reports (2012, 2013)

Muthomi has advised the German Technical Cooperation (GiZ, previously GTZ) on the
preparation and development of Case Digests on (i) decisions of the Public Procurement

37
Administrative Review Board; and (ii) judgments issued by Kenyan courts in
(anti)corruption cases.

Guidelines for the Determination of Frivolous Appeals (2011)

Muthomi has advised the German Technical Cooperation (GiZ, previously GTZ) and the
Public Procurement Oversight Authority on the development of guidelines for the
determination of frivolous appeals lodged before the Public Procurement Administrative
Review Board.

Design and Architecture of the Kenya Government under the New Constitution (2010)

Muthomi has advised the Government of Kenya (Office of the President) on the design and
architecture of the government of the Republic of Kenya under the new Constitutional
dispensation, in a project aimed at facilitating the implementation of Kenya’s 2010
constitution.

Selected Publications and Research Papers

Muthomi has several publications and research papers on diverse aspects of Kenyan law,
notably in the areas of constitutional and administrative law, public procurement, human
rights, and electoral law. These publications include:

 Thiankolu, M. (2013): Resolution of Electoral Disputes in Kenya: An Audit of Past Court

Decisions.

 Thiankolu, M. (2011) Reconciling Incongruous Policy Objectives and Benchmarking

Kenya’s Public Procurement Law: a Review of the Selex Case, 11 (4) JOURNAL OF PUBLIC
PROCUREMENT.

 Thiankolu, M. (2007) Landmarks from El Mann to the Saitoti Ruling; Searching a

Philosophy of Constitutional Interpretation in Kenya, VOLUME 1 KENYA LAW REVIEW.

 Thiankolu, M. (2005) The Constitutional Review Cases; Emerging Issues in Kenyan

Jurisprudence, Volume 2 EAST AFRICAN LAW JOURNAL.

 Thiankolu, M. (2006) The Anti-Corruption and Economic Crimes Act; Has Kenya
Discharged Her Obligations to Her Peoples and the World? NATIONAL COUNCIL FOR LAW
REPORTING.

38
  Thiankolu, M. (2007) Towards a Legal Framework on Assisted Human Reproduction in
Kenya; Some Thoughts on the Law, Technology and Social Change, NATIONAL COUNCIL
FOR LAW REPORTING.

Educational Background

 2009: Master of Laws (LLM) in International Economic Law, University of Warwick.

 2006: Post-graduate Diploma in Law, Kenya School of Law.

 2005: Bachelor of Laws (LLB) University of Nairobi.

Current Positions

 Partner, Muthomi & Karanja Advocates.

 Lecturer, University of Nairobi School of Law.

Past Positions

 Partner, Mohammed Muigai Advocates.

 Council Member, Meru University College of Science and Technology;

 Associate, Mohammed Muigai Advocates.

 Lecturer, Kenyatta University School of Law.

 Legal Assistant, B M Musau & Co. Advocates.

CERTIFICATION:

I, MUTHOMI THIANKOLU, do hereby certify that the data set out hereinabove correctly and
accurately describes me, my qualifications and my experience.

………………………………
MUTHOMI THIANKOLU
(May 6, 2023)

39
 Samuel Karanja Muthondio

PROFESSION: Lawyer; Advocate of the High Court of Kenya

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society; Institute of
Certified Public Secretaries of Kenya (ICPSK).

Key Qualifications

Karanja holds a postgraduate diploma in law from the Kenya School of law, and a Bachelor
of Laws degree (LLB) from the University of Nairobi.

Core Practice Areas

Karanja’s practice interests are in dispute resolution, conveyancing and real estate
transactions, company and commercial law, environmental law, labour law, pensions and
retirement benefits and communications law. He regularly appears before the Kenyan High
Court, the Court of Appeal and many other judicial and quasi-judicial tribunals a wide
array of cases touching on the above core areas.

Selected Recent Dispute Resolution Assignments

Karanja has handled many complex and high-stakes dispute resolution assignments in the
recent past, including the following:

High Court of Kenya (Nairobi) Civ. Case No. 81 of 2013: Republic Vs NSSf & Laptrust Ex parte the town Council
of Kikuyu

Karanja successfully advised and represented Laptrust in this suit on whether persons who
have a pension scheme could be compelled to join or contribute to the National Social
Security Fund.

National Environment Tribunal Case No. 61 of 2010: Multiple Haulers East Africa Limited v Director General
NEMA

Karanja advised and represented the National Environmental Management Authority in the
dispute, arising from cancellation of approval for the construction of an inland container
depot at the Mombasa Port, Kibarani sea front.

40
High Court of Kenya (Nairobi) Petition No. 237 of 2011: Daniel Kipchirchir Sang v Commission for
Implementation of the Constitution & 4 others

Karanja advised and represented the Commission for the Implementation of the
Constitution in the dispute, relating to the removal of some Members of the Kenyan
Parliament from the Parliamentary Service Commission.

High Court of Kenya (Nairobi) Civ. Case No. 484 of 2008: Catherine Kenani & 25 Others v National Bank of
Kenya Limited & 8 others

Karanja advised and represented the National Bank of Kenya Ltd in this dispute, relating to
a Staff Retirement Benefits Scheme.

High Court of Kenya (Nairobi) Civ. Case No. 287 of 2009: Evanson Mwangi & 66 Others v National Bank of
Kenya Ltd & 8 others

Karanja advised and represented National Bank of Kenya Ltd in the suit, brought by former
employees claiming damages for wrongful and unfair dismissal.

Selected Recent Commercial Assignments

Karanja has handled many complex and high-value commercial transactions in the recent
past, including the following:

HYoung & Co. (EA) Ltd & Base Titanium (Construction of Access Road to Kwale Mineral Sands Mine)

Karanja is currently advising and representing H Young & Co. Ltd. Ltd in an Arbitration

process relating to a dispute between the two companies on construction of an access road

to Base Titanium’s Kwale Mineral Sands.

Mareco Ltd & Mellech Engineering and construction Limited

Karanja is currently advising Mareco limited in an Arbitration process relating to a dispute

between the two companies on factoring transactions.

Midas Development Ltd (Drumvale Project)

Karanja advised and represented Midas Development Ltd in the Purchase of Mavoko Town
Block 12/907 from Drumvale Farmers Co-operative Society. The assignment entailed, inter
alia, obtaining the necessary licenses and statutory approvals for the construction of a mixed
housing project with over 200 houses.

41
Educational Background

 2006: Post-graduate Diploma in Law, Kenya School of Law.

 2005: Bachelor of Laws (LLB) University of Nairobi.

Current Positions

 Managing Partner, Muthomi & Karanja Advocates.

Past Positions

 Associate, Ojiambo & Company Advocates.

 Associate, Miller & Company Advocates.

 Legal Officer, Family Bank Ltd.

 Legal Assistant, Ojiambo & Company Advocates.

CERTIFICATION:

I, SAMUEL KARANJA MUTHONDIO, do hereby certify that the data set out hereinabove
correctly and accurately describes me, my qualifications and my experience.

……………………………………………
SAMUEL KARANJA MUTHONDIO
(May 6, 2023)

42
 Starlings Muchiri Muciimi

PROFESSION: Lawyer; Advocate of the High Court of Kenya, Certified

Public Accountant

YEARS OF PRACTICE: 8

NATIONALITY: Kenyan

PROFESSIONAL SOCIETIES: Law Society of Kenya; East African Law Society, Institute of
Certified Public Accountants of Kenya (“ICPAK”), Institute of
Certified Public Accountants of Rwanda (“ICPAR”).

Key Qualifications

Starlings holds a postgraduate diploma in law from the Kenya School of law and a
Bachelors of Law degree from the University of Nairobi. He is a Certified Public Accountant
and a member of Institute of Certified Public Accountants of Kenya (“ICPAK”) and the
Institute of Certified Public Accountants of Rwanda (“ICPAR”). He is also a member of the
Professional Trainers Association of Kenya (PTAK).

Core Practice Areas

Starlings has 8 years of professional experience in the field of taxation in the East African
region. His knowledge and experience covers tax and legal consultancy, tax policy
development, business restructuring, mergers and acquisitions, tax dispute resolution, tax
training, development of global transfer pricing policies as well as their implementation and
documentation.

He has served clients in commercial, manufacturing, natural resource extraction, finance

and investment, banking, insurance, energy, information communication and technology
(ICT), real estate, construction, hotel and hospitality, NGOs, aviation and agricultural
industries.

Some of the clients starlings has been able to consult for include: TATA Group, Contour
Global LLP, Aggreko International power Projects, Barclays Bank, Finlays Group, Unilever
Tea Kenya Limited, Vestas Limited, Safair Operations (Pty) Limited, Wananchi Group
Kenya Limited, Safal Group, Manhattan Global FZE Group, Sameer Africa Limited, Centum
Investments Limited, Fina Bank Rwanda Ltd, Safintra Rwanda Ltd, Nakumatt

43
Supermarkets, Standard Bank Group and Dian Fossey Gorilla fund International, among
others.

Educational Background

 2012: Chartered Institute of Taxation UK, Advanced Diploma in International Taxation.

 2006: Post-graduate Diploma in Law, Kenya School of Law.

 2005: Bachelor of Laws (LLB) University of Nairobi.

 2005: Strathmore University, Certified Public accountancy.

Current Positions

 Partner, East African Tax consulting.

 Consultant, Muthomi & Karanja Advocates.

Past Positions

 Tax Manager, PKF Taxation Services Limited.

 Tax Consultant, KPMG Kenya.

CERTIFICATION:

I, STARLINGS MUCHIRI MUCIIMI, do hereby certify that the data set out hereinabove correctly
and accurately describes me, my qualifications and my experience.

……………………………………………
STARLINGS MUCHIRI MUCIIMI
(May 6, 2023)

44