Paul Munyao

Paul Munyao

Partner

LLM (Wits)
LL.B (Hons) UoN
Dip. Law (KSL)
Admitted 2000

Telephone: +254 722865056
Email: munyao@mmkadv.co.ke

Practice Areas

  • Commercial law
  • Corporate governance
  • Banking and Finance
  • Commercial and Civil Litigation
  • Environmental law
  • Insurance law
  • Conveyancing
  • Employment and labour relations

 

  • Constitutional law
  • Children and family law
  • Regulatory compliance
  • Debt collection
  • Judicial review
  • Public interest litigation
  • Immigration

Biography

Paul Munyao is the Managing Partner of the firm and has over 18 years of practice. As the team leader of the robust practice in the firm, Paul provides guidance, direction and leadership to the rest of the team with the primary aim of meeting and satisfying clients’ needs. His legal counsel is widely sought by clients relating a wide range of matters including banking and finance, environmental law, corporate and commercial, corporate insolvency and restructuring, real estate and nearly all aspects of dispute resolution and arbitration. Paul has a special interest in environmental law and is well respected in this field. Paul is currently a PHD candidate at the Institute of Climate Change and Adaptation, ICCA, University of Nairobi. Paul is also a Lecturer at the School of Law, University of Nairobi, where he teaches legal drafting, environmental law and contract law. Paul holds a Master’s degree from the University of Witwatersrand, Johannesburg, South Africa in Environmental and Water Law. He is also trained in Environmental Impact Assessment and Environmental Audit and is authorized by the National Environmental Management Authority to conduct Environmental Impact Assessments & Environmental Audits.

Paul acts for and advises leading corporations Kenya Commercial Bank, National Bank of Kenya, Kenya Ports Authority and an array of private high net worth clients.

Paul has been a member of the Board of Management of the National Quality Control Laboratory, a State Corporation established under the Pharmacy & Poisons Act and which is mandated to ensure the quality of medicines and medical equipment in Kenya.

Paul has been the Honourable Secretary of the Board of Management, Mombasa Parents Club which runs the Nyali School, a prominent community school serving the society within the Mombasa County and its environs.

Paul has been the Chairman of the Board of Directors, of Grandsons of Abraham Rescue Centre, a street children’s Rescue Centre operated by the Catholic Arch Diocese of Mombasa.

Educational and professional qualifications

  • Bachelor of Laws, University of Nairobi 1998
  • Diploma in Law, Kenya School of Law 1999
  • Admitted as an Advocate of the High Court of Kenya, 2000
  • Masters of Laws, in Environmental and Water Law, University of Witwatersrand, Johannesburg, South Africa

Membership in professional associations

  • Law Society of Kenya
  • Institute of Certified Public Secretaries

Career history

  • Pupilage: Omondi Waweru & Company Advocates; 1998-1999
  • Associate: Gachiri Kariuki & Company Advocates 2001-2009
  • Founding partner: Mutua Munyao and Co. Advocates 2009
  • Partner (currently the Managing Partner): Munyao, Muthama & Kashindi- 2009 to date

Certifications, Accolades and Awards

  • 2008: Certified by NEMA as a Lead Expert, Environmental Impact Assessment and Environmental Audit

Publications and peer-reviewed articles

  • Bio-prospecting and the Law in Kenya: A Bio-pirates Paradise or Biodiversity Haven? Law Society of Kenya Journal, LSKJ 6(1) 2010 at page 97.
  • UNHCR: Diversion of Mandate and the Erosion of Refugee Protection. Law Society of Kenya Journal, LSKJ 5(I) 2009 at page 133

Work Highlights

Banking and Finance

  • Lead partner in the preparation and perfection of securities, debt-restructuring, security take-overs, general lending, asset finance, project finance, real estate finance, trade finance among others. Lead partner acting in transactions involving the takeover of banking facilities involving two leading banks and a construction company valued at over Kshs 2.5 billion
  • Lead partner in the preparation and perfection of securities for a leading bank valued at over Kshs 1billion in respect to a company dealing with commodities
  • Lead partner in representing several banks in the High Court and Court of Appeal in successfully challenging attempts by borrowers to stop the realization of securities. The cumulative value of securities in issue in the various litigation has been over Kshs 2 billion.
  • Lead partner representing a top-tier bank in applying for administration over a borrower that had defaulted which has led to substantial recoveries.

Consultancy services

Paul has been involved in a wide range of consulting work in the area of environmental, water and natural law. Paul was the Lead Consultant in the Policy and Legislative Review for Integrated Coastal Zone Management, (ICZM), a World Bank funded project under the Kenya Coastal Development Projects, KCPD. Paual was also the Lead Expert in the team of Consultants that undertook Resource Mapping for Kilifi County as well as a member of the team of Consultants that carried out the updating of the Kwale County Resource Map.

Environmental law

  • Dispute resolution of an environmental regulatory law matter concerning a prime piece of land situated along the Makupa Causeway in Mombasa and the reclamation of land from the Indian Ocean. The value of the client’s investment on this land was over Kshs 2,500,000,000.
  • As a lead expert on Environmental Impact Assessment [EIA] and Environment Consultancy, Paul has acted for various clients during inception and life of projects and in project related litigation at the National Environment Tribunal [NET].
  • Paul is the Lead Environmental Consultant for the Tamarind Group, Mombasa, Carnivore Restaurant, KEMRI – Welcome, Kilifi and has been involved as part of the EIA Team in numerous projects.
  • Acting in a case at the National Environment Tribunal in a case involving the cancellation of a NEMA EIA license for a huge project at Makupa Causeway, Mombasa. The cancellation was lifted.

Conveyancing and real estate

  • Successfully represented clients in the sale and transfer of properties situated in various parts of the country including Nairobi, Mombasa Island, Mombasa Mainland North and Mombasa Mainland South. The cumulative transaction values of these matters are in billions of shillings

Land disputes

  • Represented a leading container freight services provider in Kenya in resolving a land ownership dispute concerning the sale and transfer of prime piece of land situated along the Makupa Causeway in Mombasa valued at over Kshs 180 million.

Election petitions

  • Part of the team of lawyers which represented the IEBC both in the High Court and Court of Appeal in successfully challenging the petition contesting the election of Salim Mvurya as the Governor of Kwale County in the 2017 General Elections.

Employment and labour disputes

  • Represented a key Government body based in Mombasa in successfully defended employment and labour claims instituted by 136 employees through an employees’ union to challenge investigations and disciplinary processes
  • Represented a university based in Mombasa in successfully challenging employment and labour claims instituted by a former Vice Chancellor of the university.

Commercial/Corporate

  • Advising corporate entities of legal requirements relating to permits, approvals, licensing, reporting requirements, regulatory requirement and supervision across a range of sectors such as capital markets, energy and natural resources, competition
  • Acted for a world leader in insurance broking, risk management, actuarial consulting and medical scheme administration in a claim involving trust funds held on behalf of the pension scheme of a leading car manufacturer.
  • Paul actively engages in the incorporation of various companies and advises various clients on corporate governance, filing returns, employee relations and Legal Compliance.

The People