MMK Advocates

PARTNER

Dr.Seth Wekesa

Tel : +254 720890328
Email: drwekesa@mmkadv.com
Linkedin

Biography

Dr. Seth Wekesa is a partner at the firm with over nine years of experience as a practicing advocate. He is not only an experienced private practitioner of law but also an accomplished legal scholar.

Dr. Wekesa heads the consulting and regulatory compliance department, where he spearheads the delivery of legal and governance audits, compliance and regulatory assignments, and consultancy services. His extensive experience includes working with blue-chip companies, state corporations, regulators, NGOs, multinationals, and multilateral agencies such as Safaricom Ltd, KenGen, and the Energy and Petroleum Regulatory Authority.

Dr. Wekesa is well-regarded in the market for his expertise in risk management, corporate governance, and regulatory compliance. He has trained government officials on sound corporate governance practices at national and county levels and developed national and county laws, regulations, and policies. Additionally, he has conducted data protection compliance audits and advised on public-private partnerships.

Practice Areas

  • Policy and legislative development and drafting
  • Regulatory Impact Assessments
  • Legal Compliance and Governance Audits
  • Corporate Governance
  • Democracy and Good Governance
  • Public- Private Partnership Law
  • Administrative Law
  • Human Rights Law
  • Constitutional Law
  • Data Protection and Privacy
  • NGO Law
  • Corporate & Commercial

Currently, Dr. Wekesa is a Senior Lecturer at the University of Nairobi, School of Law, where he teaches at both undergraduate and postgraduate levels. He holds a Doctor of Laws (LL.D) from the University of Pretoria, South Africa, and two Master of Laws degrees: one in Human Rights and Democratization in Africa from the University of Pretoria and another in Commercial and Financial Services Law from the University of Nairobi.

He is both a DAAD scholar and a scholar of the European Union.

A legal scholar, Dr. Wekesa has published extensively in areas such as administrative law, devolution, corporate governance, and human rights. His publications include journal articles, books, and chapters in books.

He has also been involved in significant consultancy work, presenting numerous legal and governance audit reports to various organizations.

Dr. Wekesa’s areas of scholastic interest are broad and include constitutional law, administrative law, human rights law, equality law, gender law, children’s law, devolution, commercial law, financial services law, banking law, and capital markets and securities regulation law.

He has previously taught a wide range of subjects at Moi University, School of Law, and has supervised many students at the graduate and post-graduate levels.

He is dedicated to mentoring law students at the University of Nairobi and is actively involved in several professional associations, including the Law Society of Kenya, the East Africa Law Society, and the Institute of Certified Secretaries of Kenya.

Educational and professional qualifications

  • Doctor of Laws -University of Pretoria, South Africa, 2016
  • Master of Laws (Human Rights and Democratization in Africa) – University of Pretoria, South Africa, 2012
  • Master of Laws (Financial Services Law) – University of Nairobi, 2011
  • Postgraduate Diploma in Law – Kenya School of Law, 2009
  • Bachelor of Laws (First Class Honours), University of Nairobi, 2008
  • 2016 – Present : Partner, Munyao, Muthama & Kashindi (MMK) Advocates
  • 2016 – Present : Senior Lecturer, Faculty of Law, University of Nairobi
  • Jul – Dec 2023 : Rapporteur, Presidential Taskforce on Modernisation and Transformation of Government Press
  • 2021 – Present : Peer Reviewer of Masters and Bachelor of Laws curricula Council of Legal Education (CLE)
  • 2018 – Present : Reviewer, Human Rights and Development Modules, OdeL, UoN, University of Nairobi
  • 2016 – Present : Examiner, Council of Legal Education (CLE)

2020: CB Madan award, University of Nairobi   

2013: DHET-USAID scholarship, University of Pretoria.

2012: DAAD scholarship award, University of Pretoria, South Africa.

2012: European Union scholarship award, University of the Western Cape, South Africa.

2010: University of Nairobi, Master of Laws scholarship award.

Head of consulting and regulatory compliance department within the firm

Conduct of Legal compliance and governance audits:

  • Offered top-tier legal services to blue chips companies, state corporations, regulators, NGOs, multinationals, and multilateral agencies in conducting legal compliance and governances audits including Safaricom Ltd, KenGen, Energy and Petroleum Regulatory Authority, Communication Authority of Kenya, Kenya Re, Kenya Power, Kenya Deposit Insurance Corporation, BOC Gases and African Population and Health Research Center, National Assembly of Kenya, Old Mutual Holdings, Kenya power Pension Fund, Unclaimed Financial Assets Authority, Sacco Societies Regulatory Authority.
    • Regulatory Impact Assessment: Team leader in conducting rregulatory impact assessments under the statutory instruments Act for various regulations commissioned by several regulators in different sectors regulators and civil society including the Ministry of Water and Irrigation, Ministry of Agriculture, Agriculture and Food Authority, Gatsby Africa among others.
    • Legislative and policy development and drafting  assignments: Dr. Wekesa has led the department in legislative development and review for various clients drawn from state corporations, regulators county governments and private sectors including the State Department for Mining, Kenya Deposit Insurance Corporation, Gatsby Africa, Communication Authority of Kenya, KenTrade County governments of Kilifi, Kwale, Kakamega and Marsabit and Law Society of Kenya.
    • Data Protection and privacy assignments: Dr. Wekesa has offered data protection training and conducted data protection compliance audits for state corporations and blue-chip companies including Kenya Power, AAR Insurance, Central Depository and Settlement Corporation, ABC Bank, National Bank of Kenya and BOC Gases Ltd Kenya. 
    • Corporate Governance: Trained government officials on sound corporate governance practices at National and county government levels; trained board of directors and senior management on corporate governance and risk management, Offered company secretarial services to corporate clients, Developed internal policies, operational manuals and procedures for several organizations
    • PPPs: Advised government and private sector on public-private partnerships in the forest sector
    • Report writing and presentations: Written and presented reports and proposals on consultancy and projects assignments as detailed below.
    • Training and capacity building: – Developed training materials, modules and curriculum development for various courses

 

Membership in professional associations

  • Member, Law Society of Kenya
  • Member, East Africa Law Society
  • Member, Institute of Certified Secretaries of Kenya
  • Accredited Governance Auditor
  • Institute of Certified Secretaries (ICS)
  • Certified Secretaries (CS)

 

  • SM Wekesa and M Ng’ania ‘The efficacy of governance audit as a risk management tool’ Governance Journal 2023).
  • SM Wekesa and N Otieno ‘The Duty to give reasons under Kenya’s Fair Administrative Action Act 2015: seven years later.’ Kabarak Journal of Law and Ethics (Volume 6 2022) Kabarak University Press Kenya
  • SM Wekesa ‘Gay rights exclusion: An economic perspective on gay rights in Kenya and Uganda’ East African Law Journal (2019), University of Nairobi, Kenya.
  • PK Mbote and SM Wekesa ‘Reconfiguring Legal Education: Deepening Gender Mainstreaming in Law Curricula and Pedagogy at the School of Law University of Nairobi’ East African Law Journal (2018), University of Nairobi, Kenya.
  • SM Wekesa, ‘The human right to clean and safe water under Kenya’s new Constitution 2010’ published in the Economic and Social Rights (ESR) Review of the University of the Western Cape, South Africa (June 2013).

  • Books and Chapters in Books

    • SM Wekesa ‘Decriminalisation of homosexuality in Kenya: Prospects and Challenges in Protecting the human Rights of Sexual Minorities in Contemporary Africa edited by Sylvie Namwase & Adrian Jjuuko, Pretoria University Law Press (PULP 2017)
    • SM Wekesa “County government and rights of marginalized ethnic minorities in Kenya: Evaluating the potential benefits and challenges, Scholars’ Press Berlin (August 2013).
    • Reviewed and edited Kashindis’ Digest of Employment Cases

    Journal Articles Pending Publication

    • SM Wekesa and M Ng’ania ‘The need for a framework for monitoring and evaluating corporate social responsibility in Kenya’ (submitted to Governance Journal for publication in the 2023 edition).

    Discussion Papers, Conference Papers and Related Research

    • Panelist in ICPAK corporate governance seminar at Double Tree by Hilton Hotel in Chicago USA (December 2022)
    • Facilitated a PPP workshop on commercial forestry in Kenya at Great Rift Valley Lodge in Naivasha (November 2022)
    • Facilitated a Gender Equality and Social Inclusion (GESI) Workshop on commercial Forestry in Kenya at Radisson Blue Hotel in Nairobi (October 2022)
    • Facilitated an Issues Paper Workshop on commercial forestry in Kenya at Great Rift Valley Lodge in Naivasha (February 2023)
    • Facilitated a legal review workshop on commercial forestry in Kenya at Lerruat Log Resort in Kajiado (March 2022)
    • ‘Strengths and weaknesses of the draft Advocates Training Programme, Council of Legal Education Workshop Kiambu County (10th March 2022)
    • ‘Use of ADR in Public-Private Partnership arrangements in Kenya, Law Society of Kenya Training, Pahari Hotel in Nairobi (16th January 2018)
    • ‘Mainstreaming gender in the LLM and LLB curricula of School of Law, University of Nairobi’ Faculty of Law, University of Nairobi, Great Rift Lodge, Naivasha (14 August 2015)
    • ‘Legal research methods: An interdisciplinary approach’ Riara University, Riara Law School (12th July 2013).
    • ‘The right to education: A tool for transformative education in Kenya’ Riara University, Riara Law School (20th August 2013).
    • ‘ The rights of sexual minorities in Kenya: The value of the Constitution of Kenya 2010’ Centre for Human Rights, University of Pretoria, South Africa (10th December 2014).

    Selected Reports and Project Assignments

    • Mainstreaming gender in the LLM and LLB curricula of School of Law, University of Nairobi consultancy report presented to the faculty of law members at Great Rift Lodge, Naivasha (August 2015) 
    • Reviewing Kilifi County Government Bills report presented to the County Assembly Speaker at Voi Wildlife Lodge (April 2016)
    • Reviewing Marsabit County Government Bills report presented to the County Assembly Speaker at Sarova Shaba Game Lodge (April 2016)
    • The Status of the Blue Economy in Kenya report presented to the Department of Fisheries, Ministry of Agriculture at Kilimo House (December 2016)
    • The Legal and Governance Audit Report presented to the Board of Directors of Safaricom Limited (April 2017)
    • The Legal and Governance Audit Report presented to the Board Audit Committee and senior management of ICPAK (July 2017)
    • The Legal and Governance Audit Report presented to Senior Management of Post Bank (February 2017)
    • The Legal and Governance Audit Report presented to the County Assemblies Services Board of Kilifi (April 2018)
    • The Legal and Governance Audit Report presented to the Senior Management of Communication Authority of Kenya (CA) (August 2018)
    • The Legal and Governance Audit Report presented to the County Assemblies Services Board of Kwale (October 2017)
    • The Legal and Governance Audit Report presented to Senior Management of Technical University of Mombasa (June 2018)
    • The Legal and Governance Audit Report presented to Senior Management of KENGEN (August 2018)
    • The Legal and Governance Audit Report presented to Senior Management of HELB (July 2018)
    • The Legislative and Policy Review Report presented to the Board of Directors of KenTrade (May 2018)
    • The Legal and Governance Audit Report presented to the Board of Directors of Kenya Re (January 2019)
    • The Legal and Governance Audit Report presented to Senior Management of KCAA (October 2018)
    • The Legal Compliance Audit Report presented to the Board Audit Committee of BOC Kenya Limited (March 2019)
    • The Legal Compliance Audit Report presented to Senior Management of Standard Group (April 2019)
    • The Legal Compliance Audit Report presented to the Board of Directors of the National Construction Authority (December 2019)
    • The Governance Audit Report presented to Senior Management of Energy and Petroleum Regulatory Authority (January 2020)
    • The Legal Compliance Audit Report presented to Senior Management of Kenya Power and Lighting Company (February 2020)
    • The Governance Audit Report presented to the Board of Directors of Kenya Power and Lighting Company (February 2020)
    • The Governance Audit Report presented to the Board of Directors of Kenya Power and Lighting Company (February 2020)
    • The Legal Compliance Audit Report presented to APHRC (October 2021)
    • The Legal and Governance Audit Report presented to the University Council of Taita Taveta University (October 2021)
    • The Legal and Governance Audit Report presented to the Board of Directors of Kenya Trade Network Agency (October 2021)
    • The Legal and Governance Audit Report presented to the Board of Directors of Kenya Institute of Public Policy Research and Analysis (December 2021)
    • Legal Opinion on Public-Private Partnerships (Forest Concession) in Kenya presented to Kenya Forest Service, Ministry of Forestry and Gatsby Africa (March 2022).
    • The Data Protection Compliance Audit Report presented to the Senior Management of AAR Kenya (January 2022)
    • The Data Protection Compliance Audit Report presented to the Senior Management of Kenya Power and Lighting Company (May 2022)
    • The Legal and Governance Audit Report presented to the Board of Directors of Kenya Deposit Insurance Corporation (July 2022)
    • The Legal and Governance Audit Report presented to the Board of Directors of KenTrade (February 2022)
    • The Legal Compliance Audit Report presented to the Board Audit Committee of BOC Kenya Limited (March 2022)
    • The Data Protection Compliance Audit Report presented to the Senior Management of AAR Insurance (March 2022)
    • The Data Protection Compliance Audit Report presented to the Senior Management of CDSC (August 2022)
    • The Legal Compliance Audit Report presented to the National Assembly of Kenya (June 2024)
    • The Legal Compliance Audit Report presented to Old Mutual Holdings (April 2024)
    • The Legal Compliance Audit Report presented to Unclaimed Financial Assets Authority (December 2023)
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