PARTNER

James Tugee, FCIArb

Tel: (+254) 725 103545

Email: james.tugee@mmkadv.co.ke

LinkedIn ; https://www.linkedin.com/in/james-tugee/

Biography

James is an Advocate of the High Court of Kenya with over 10 years of post-qualification experience. He is a partner at Munyao Muthama and Kashindi, where he co-heads the Dispute Resolution Department, and a lecturer at the Kenya School of Law. He is also a Fellow of the Chartered Institute of Arbitrators (UK and Kenya) and sits as both arbitrator and mediator. Holds a Bachelor of Laws (LL.B.) degree from Moi University, Kenya; a Master of Laws (LL.M.) degree from the University of Pittsburgh, Pennsylvania, USA; and a Postgraduate Diploma in Law (PGDipLaw) from the Kenya School of Law.

He has over the years been involved in some of the most significant litigation in Kenya, involving novel points of law, serious constitutional and legal issues, and matters of public interest.

James is an experienced dispute resolution advocate with a strong history of representing public and private sector clients – both local and international –

Practice Areas

  •  Commercial and Civil Litigation
  • Constitutional Law
  • Judicial Review and Administrative Law
  • Company Law, Restructuring, and Insolvency Law 
  • Taxation and Revenue
  • Intellectual Property Dispute Resolution
  • Alternative Dispute Resolution
  • Environment and Land Law
  • Defamation Law
  • Technology, Media and Telecommunications (TMT)

Profile

His areas of practice including the Digital Migration case between local media houses and the Communications Authority of Kenya; the 2017 presidential election petitions; the reference for advisory opinion from the Supreme Court on various issues relating to division of revenue between the National Government and the County Governments; the Building Bridges Initiative (BBI) appeals in the Court of Appeal and the Supreme Court; and the petition challenging the constitutionality of the position of Chief Administrative Secretary (CAS) and the appointment of various Cabinet Secretaries and Principal Secretaries.

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Educational and professional qualifications

  • Fellow of the Chartered Institute of Arbitrators (FCIArb), UK and Kenya (2019)
  • Master of Laws (LL.M.), University of Pittsburgh, Pennsylvania, USA (2016)
  • Admitted as an Advocate of the High Court of Kenya (2014)
  • Postgraduate Diploma in Law (PGDipLaw), Kenya School of Law (2013)
  • Bachelor of Laws (LL.B.), Moi University, Kenya (2011) 

Membership in professional associations

  • Law Society of Kenya
  • East African Law Society
  • Fellow, Chartered Institute of Arbitrators (UK and Kenya)
  • Student Member, Pennsylvania Bar Association (2015 – 2016)

Career history

  • Partner, Munyao Muthama & Kashindi: January 2022 to date.
  • Lecturer, Advocates Training Programme, Kenya School of Law: March 2022 to date.
  • Senior Associate, Hamilton Harrison & Mathews: January 2018 to December 2021.
  • Law Clerk/Intern, US District Court for the Western District of Pennsylvania: May 2016 to July 2016.
  • Associate, Hamilton Harrison & Mathews: May 2014 to December 2017.
  • Trainee Advocate, Hamilton Harrison & Mathews: August 2011 to April 2014.

Work Highlights

Constitutional Litigation

  • Part of the team of advocates that successfully represented H.E. Uhuru Kenyatta in his personal capacity in the Building Bridges Initiative (BBI) appeals in the Court of Appeal and the Supreme Court on the question of presidential immunity.

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Awards and Accolades

  • Recommended Lawyer for Dispute Resolution in Kenya by Legal 500 in 2023 and 2024.
  • Top 100 Litigation Lawyers in Kenya by The Lawyer Africa in 2024. 
  • Top 100 Arbitrators in Kenya by The Lawyer Africa in 2022 and 2023.
  • William H. Eckert Prize for Superior Upper-Level Research Paper by University of Pittsburgh in 2016.
  • Multiple CALI Excellence for the Future Awards by Center for Computer-Assisted Legal Instruction and the University of Pittsburgh in 2015 and 2016.
  • Student Merit Award by Moi University in 2011.
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