Martin Munyu is a Partner in the Dispute Resolution practice at IKM. He has extensive commercial litigation and arbitration experience in connection with various aspects of insurance law, banking law, state corporations, labour law and commercial law.

Based on his in-depth exposure and experience in litigation and arbitration, he has represented a wide range of clients in the field of Alternative Dispute Resolution and is regularly appointed to sit as an arbitrator.

Credentials

Education

  • Kenya School of Law, Diploma in Law (1994 – 1995)
  • University of Nairobi, LLB degree (1990 – 1993)

Professional Qualifications

  • Law Society of Kenya
  • Institute of Certified Public Secretaries of Kenya
  • Fellow, Chartered Institute of Arbitrators
  • Admitted as an Advocate of the High Court of Kenya (1996)

Key experience

  • Represented an architectural firm seeking payment of interest on delayed payment accrued against a pension scheme in the construction of a prime building in Nairobi. A sum of US$925,000 was recovered which had accrued over a contract period of 20 years, plus interest and costs.
  • Represented one of Kenya’s commercial banks in pursuing shortfalls of about US$328,571 after exercising statutory power of sale.
  • Represented Kenya Airports Authority (KAA) in a dispute involving the termination of a lease of a hangar to a service provider where damages claimed exceeded US$857,142. The arbitration was determined and KAA successfully defended most of the claims sought.
  • Represented various insurers in defending marine insurance claims involving damages and losses that occurred in transit under House to House contracts to Kenya inland container depots.
  • Engaged in defending an insurance company in a suit for defamation where the insurer’s appointed doctor conducted an HIV test which turned out positive. A second HIV test returned negative and the interested insured sued for defamation after declining to take up the policy.
  • Represented a match stick manufacturing company in a case where a competitor was infringing on the client’s trademark. The competitor had registered a company name similar to that of our client’s brand name, infringing on its trademark by emboldening the company name on the packaging of its products and thereby passing off its products as that of our client.
  • Represented a transport company in a suit stopping a rival company from infringing on its service mark and passing off its business as that of our client’s. An injunction was issued.
  • Represented a state corporation in a suit challenging the powers of another corporation in levying criminal penalties for failure to remit certain statutory deductions.
  • Represented a law firm in challenging the authority of the police and the revenue authority in investigating a lawyer’s client’s account. An appointed two-judge bench ruled in favour of the law firm.
  • Represented a landowner in proceedings challenging his entitlement to the land pursuant to a court decree and also challenging the execution process in acquiring vacant possession. The suit involved the legal issue as to whether the plea of res judicata applied in judicial review and whether a private citizen can enforce observance of fundamental rights without involving the Attorney General.
  • Acted for multinational beverage manufacturer in an arbitration dispute involving a claim in excess of US$1,6 million being alleged outstanding payments.
  • Defended the Republic of Kenya in investment arbitration proceedings filed by International Mining Kenya Limited in the International Centre for Settlement of Investment Disputes (ICSID). The claim arose from the cancellation of mining licenses which the mining company claims was done in violation of the 1999 UK-Kenya Bilateral Investment Treaty (BIT) and consequently claimed compensation for alleged unlawful expropriation and violation of various BIT protections regarding fair and equitable treatment.
  • Represented the Government of Kenya in proceedings for the enforcement of an arbitral award with significant publicinterestand involving a claim in excess of Kshs.1 billion.  Prior to this matter, IKM was engaged (together with DLA Piper LLP(US)) in challenging the enforcementofthe awardagainstthe Government of Kenya in NewYorkwhichproceedings related to a domestic arbitral award and posedasignificant threattothesuccessof Kenya’sForeignBond.A stayoftheproceedingsinNewYork was issued.
  • Acting as the Arbitrator in a construction dispute between a developer, an international foundation and the Government of Kenya involving the construction of a hospital.
  • Acted as the Arbitrator in a dispute between employees of Kenya Airways and a developer with regard to construction, completion and handover of 320 residential houses.
  • Represented a leading commercial bank in an arbitration dispute arising from the construction of banking premises in South Sudan in which the developer was claiming damages for breach of contract in excess of Kshs.10 million.  The dispute was settled between the parties.
  • Successfully represented a global pharmaceutical company in a trademark infringement suit seeking an injunction restraining continued infringement of its trademark by a local company.
  •  Represented a match stick manufacturer where a competitor was infringing on the client’s trademark.
  • Successfully represented a transport company in a suit stopping a rival company from infringing on its service mark and passing off its business as that of our client’s.
  • Represented a Power Company in a dispute involving trademark infringement on a mobile phone application for bill payment.
  • Successfully represented a multinational company in a claim for payment of unfair redundancy filed by 15 former employees claiming compensation for alleged violation of employment and constitutional rights.
  • Represented the banking regulator in Kenya in a Kshs.642 million claim by former employees against the pension fund. 
  • Represented a local Mobile Network Operator (MNO) in a judicial review application in which a license holder was seeking orders compelling the Communications Authority of Kenya to impose fixed tariff charges for international connectivity for both voice and data services and to compel MNOs in Kenya to negotiate interconnection rates based on the fixed rates. 
  • Represented a chain of supermarkets against its insurer in a claim for compensation in excess of Kshs.180 million following a loss incurred in the period during the 2007 General Elections and just before announcement of the presidential winner.
  •  Represented a leading multinational audit firm in defending a Kshs.10 billion claim for breach of fiduciary and statutory duties as receivers and auditors of a hotel following appointment by a debenture holder.
  • Represented CMC Motors in litigation involving shareholder/directors’ disputes in which the Court was called upon to determine the extent in which the Capital Markets Authority could regulate the composition of the boards of directors of public companies. Also engaged in challenging the cancellation of a dealership license/agreement on a line of motor vehicles.
  • Represented a leading commercial bank, in a claim for over Kshs.90 million in which a customer alleged that the bank withheld approved loan proceeds from the European Investment Bank, traded with the money on forex, charged illegal interest rates, that the customer overpaid the loan and is entitled to a refund.  The Bank has a counterclaim of Kshs.38 million being an outstanding loan amount.
  • Represented an insurance company in a claim involving breach of contract and compensation for damages and losses incurred as a result of late delivery of goods transported upon shipment to Mombasa port in the sum of US$13 million and INR1.5 million  
  • Represented a leading media company in an appeal in the Court of Appeal challenging an award of damages in favour of a claimant in excess of US$130,000 on account of publication in a newspaper article.
  • Successfully represented an architectural firm seeking payment of interest on delayed payment accrued against a pension scheme in the construction of a prime building in Nairobi.
  • Represented various insurers in defending marine insurance claims involving damages and losses that occurred in transit under House to House contracts to Kenya inland container depots.
  • Engaged in defending an insurance company in a suit for defamation where the insurer’s appointed doctor conducted an HIV test which turned out positive. A second HIV test returned negative and the interested insured sued for defamation after declining to take up the policy.
  •  Successfully represented the Independent Electoral and Boundaries Commission (IEBC) in a Gubernatorial election petition. The novel issue to be determined by the Supreme Court was whether an appeal from an election petition raised matters of public interest which warranted determination by the Supreme Court. The Supreme Court determined that constitutional interpretation issues arose giving jurisdiction to the court. 

Experience record

  • 1994

    Legal Assistant - Musyoka & Wambua Advocates

  • 1995

    Associate, Litigation Department - Macharia Njeru Advocates

  • 2000

    Senior Legal Officer - Credit Reference Bureau Limited

  • 2001

    Associate, Litigation practice – IKM

  • 2004

    Partner, Litigation practice – IKM

Languages spoken

  • 100
English - Excellent
  • 100
Kiswahili - Excellent

Market recognition

Martin Munyu is ranked Band 3 for Dispute Resolution and is noted to be “very well prepared” and “astute to developments”.

Martin has been favourably recognised by Chambers Global as "good at strategising”, remarking that clients feel they “are in good hands”. The reputed guide has also described him as “a client-focused practitioner”. In its 2013 edition, Chambers Global recognised Martin as “increasingly involved in arbitration matters” and that “clients appreciate his expertise and service abilities” and “have found him down to earth, accessible and easy to work with".

Chambers Global 2015