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C URRICULUM V ITAE : M UTHOMI T HIANKOLU

B IO D ATA :

Nationality: Kenyan

Date of Birth: 02/02/1982

Marital Status: Married

Official Address: Muthomi & Karanja Advocates

Maisonette A2 Branton Court

Ndemi Lane, Off Ngong Road

P. O. Box 19893-00100

Nairobi Kenya

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

Emails: muthomi@muthomikaranja.com; thiankolu@uonbi.ac.ke

S UMMARY OF A CADEMIC & P ROFESSIONAL Q UALIFICATIONS :

 LLM (with Distinction), University of Warwick.

 LLB (Hons), University of Nairobi.

 Dip (Law), Kenya School of Law.

 Advocate of the High Court of Kenya.

 Member, Law Society of Kenya.

 Member, East African Law Society.

AREAS OF PROFESSIONAL INTEREST & SPECIALISATION:

 International Economic Law.

 International Trade Law.

 Legal Advisory & Consultancy Services.

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 Legal and Regulatory Reforms.

 Public Procurement Law.

 Evidence Law.

 Constitutional and Administrative Law.

 Competition Law & Policy.

 Civil & Commercial Litigation.

C URRENT P OSITIONS :

 Partner, Muthomi & Karanja Advocates.

 Lecturer, University of Nairobi School of Law.

 Council Member, Meru University of Science & Technology.

 Board Member, Kibuline Secondary School.

P AST P OSITIONS :

 Partner, Mohammed Muigai Advocates

 Legal Consultant, World Bank Group.

 Associate, Mohammed Muigai Advocates.

 Lecturer, Kenyatta University School of Law.

 Legal Assistant, Mohammed Muigai Advocates.

 Research Assistant, Working Committee on Regulatory Reforms for Business

Activity in Kenya.

 Legal Assistant, B M Musau & Company Advocates

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E DUCATION :

LLM in International Economic Law, University of Warwick (2009):

Courses studied included (i) the Breton Woods System; (ii) Legal Aspects of

International Trade and the World Trade Organisation; (iii) Comparative Competition

Law (International & European Perspectives), (iv) Conflicts of Laws; (v) Legal Aspects of

International Investment and Transnational Corporations; (vi) International Commercial

Arbitration (Foreign Investment Disputes); (vi) Legal Research & Writing Skills; and (vii)

International Corporate Finance.

LLM THESIS: Reconciling Incongruous Policy Objectives and Benchmarking Kenya’s Public

Procurement Law: A Review of the Selex Case.

Postgraduate Diploma in Law, Kenya School of Law (2007):

Bar training course, with specific focus on civil and criminal litigation, client care and

advice and the drafting of conveyancing, commercial and other legal documents.

Bachelor of Laws (LLB), University of Nairobi (2005):

Undergraduate studies. Graduated with Second Class Honours, Upper Division.

LLB THESIS: The Njoya Case; Emerging Issues in Kenyan Jurisprudence.

S ELECTED C ONSULTANCY A SSIGNMENTS U NDERTAKEN :

 World Bank Group: Business Entry Regulation and Exchange of Company

Information across the East African Community (2012).

 Public Procurement Oversight Authority: Guidelines for the Determination of Frivolous

Reviews and Appeals (2011).

 Office of the President (Kenya): Design and Architecture of the Kenya Government

under the New Constitution (2010).

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 Ministry of Agriculture (Kenya): Review and Harmonization of the Legal and Regulatory

Framework for the Agricultural Sector in Kenya (2009).

 German Technical Cooperation (GTZ): Audit of Judgments/Rulings and Prosecutorial

Decisions on Corruption Cases in Kenya (2009).

 Ministry of Finance (Kenya): Legal and Regulatory Reforms for Business Activity in

Kenya (2006).

S ELECTED L ITIGIOUS A SSIGNMENTS U NDERTAKEN :

 East African Court of Justice Reference No. 6 of 2010: Alcon International v

Standard Chartered Bank of Uganda & 2 Others:

Dispute relating to the protection of cross-border investment disputes under the

provisions of the Treaty for the Establishment of the East African Community and

the Protocol on the Establishment of the East African Common Market. Acting for

the Claimant.

 Industrail Court Cause No. 1344 of 2012: Maurice Antony Ewing v Equity Bank

Limited

Dispute relating to unfair termination and alleged breaches of prudential guidelines

issued by the Central Bank of Kenya. Acting for the Claimant.

 High Court of Kenya (Meru) Constitutional Petition No. 8 of 2012: C. K. & 11

Others v Inspector General of the National Police Service & 2 Others

Dispute relating to refusal by Kenyan authorities to investigate complaints of

defilement and other forms of sexual violence. Acting for the Petitioners.

 Miscellaneous Civil Application No. 30 of 2010 (Kitale): Republic v Permanent

Secretary Ministry of Energy Ex-Parte Interstate Petroleum Limited:

Dispute relating to petroleum exploration in Kenya, in which the central issue was

whether the courts could compel the government to issue an exploration permit to a
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particular investor. Acted for three of the five interested parties, who opposed the

application on the contention that the issuance of the orders sought would have been

prejudicial to their interests in the disputed oil exploration blocks.

 Miscellaneous Civil Application No. 1260 of 2007: Republic v Public Procurement

Administrative Review Board & Another Ex-Parte Selex Sistemi Integrati:

Dispute arising from a tender for supply of air navigation equipment, initially filed

with the Public Procurement Administrative Review Board and going to the High

Court on Judicial Review. Key issues were whether a procuring entity could

arbitrarily terminate a tender with a view to restarting it, without any reason, and

whether the (overriding?) objectives of Kenya’s Public Procurement system as set out

in section 2 of the Public Procurement and Disposal Act could be defeated by

jurisdictional bars (ouster clauses) set out in the Act. Acted for the Applicant.

 Election Petition No. 13 of 2008: John Kiarie Waweru v Beth Wambui Mugo & 2

Others:

Dispute relating to allegations of election offences, the burden and standard of proof

of election offences and the threshold for invalidation of a parliamentary election.

Acted for the 1st Respondent.

 Public Procurement Administrative Review Board Application No. 1 of 2010:

Plethico Africa Ltd v The Kenya Medical Supplies Agency:

Dispute arising from a tender for supply of injectable contraceptives, key issue being

the objectivity and quantifiability of tender evaluation criteria based on an

“organoleptic” test, i.e. a test based solely on the five senses of touch, smell, taste,

hearing and sight. Acted for the Applicant.

 Miscellaneous Civil Application No. 84 of 2007: Republic v District Commissioner

for Mutomo District & Others Ex Parte Bamburi Cement Ltd:

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Dispute relating to exploitation of limestone deposits situated in trust land. Key

issues included whether, in view of the provisions of the Constitution and the Trust

Land Act, the Courts have power to compel issuance of a common minerals license

to a commercial company to exploit resources situated in trust land. Acted for an

Interested Party.

 Election Petition No. 7 of 2008: Manson Oyongo Nyamweya v James Omingo

Magara & 3 Others:

Dispute relating to allegations of election offences, the burden and standard of proof

of election offences and the threshold for invalidation of a parliamentary election.

Acted for the Petitioner.

 Public Procurement Administrative Review Board Application No. 48 of 2009:

Maritime & Transport Business Solutions B. V. v The Privatisation Commission:

Dispute arising from a tender for supply of consultancy services for privatisation of

approved Kenya Ports Authority projects. Key issue whether obligation to pay VAT

in respect of such services lay on the procuring entity or on a foreign consultant, and

whether an upward revision of a foreign bidder’s financial proposal to include VAT

is an arithmetic correction within the meaning of the Public Procurement and

Disposal Act. Acted for the Applicant.

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

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. Acted for the

Respondent.

 ICC Arbitration Case No. 14 444/EBS Inspection and Control Services Ltd v The

Ministry of Finance of the Government of the Republic of Kenya

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Participated in formulating an expert opinion on Kenyan law on limitation of actions

in a dispute arising from a contract for pre-shipment inspection of goods destined for

Kenya. Instructed by the State Law Office.

 Public Procurement Administrative Review Board Application No. 58 of 2009:

Revital Health Care (EPZ) Ltd v Ministry of Public Health and Sanitation:

Dispute arising from a tender for the supply of auto-disable syringes. Key issue was

the integrity of the tender evaluation process, particularly the objectivity and

quantifiability of the criteria used in technical evaluation. Acted for the Applicant.

 High Court Civil Case No. 478 of 2009: Dr. Bony Khalwale v The Kenya Anti-

Corruption Commission Advisory Board & 3 Others:

Dispute arising from the decision of the President of the Republic of Kenya to “re-

appoint” the Director and two Assistant Directors of the Kenya Anti-Corruption

Commission without following the process of prior vetting by the National

Assembly. 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.

S ELECTED P UBLICATIONS & R ESEARCH P APERS :

 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. (2009) Reconciling Incongruous Policy Objectives and Benchmarking

Kenya’s Public Procurement Law: a Review of the Selex Case, LLM Thesis at the

University of Warwick (unpublished).

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

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

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 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.

S ELECTED A WARDS & H ONOURS :

 Commonwealth Shared Scholarship (2008).

 Justice (Professor) J. B. Ojwang Research Award (2005).

 Student of the Year, Miathene Secondary School (1998).

R EFEREES :

Prof. Githu Muigai Prof. Ben Sihanya

Attorney General of Kenya Senior Lecturer
State Law Office University of Nairobi Law School
Sheria House Parklands Law Campus
Harambee Avenue Parklands Road
P. O. Box 61323-00100 P. O. Box 30197-00100
Nairobi Nairobi
Tel: +254-722850693 Tel: +254-722897825
Email: gm@jurisconsults.co.ke Email: sihanya@innovativelawering.com

Mr Mohammed Jairus Nyaoga Dr. Linda Musumba

Managing Partner Lecturer
Mohammed Muigai Advocates Kenyatta University School of Law
4th Floor K-Rep Centre Parklands Campus
Wood Avenue Kolobot Road
P. O. Box 61323-00100 P. O. Box 43844-00100
Nairobi Nairobi
Tel: +254-720490887 Tel: +254-710534609
Email: mnyaoga@mohammedmuigai.com Email: musumba.linda@ku.ac.ke