Dr. Seth Wekesa

Dr. Seth Wekesa

Partner/ Head of Consultancy and Regulatory Compliance

Doctorate Degree in Law (PhD), University of Pretoria, South Africa, 2016.
LL.M (UoN), LL.B (UoN)
Dip. Law (KSL), CPS (K)
Admitted: 2013


Practice Areas

  • Commercial law
  • Corporate governance
  • 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

Profile
Dr. Wekesa is a partner in the firm with over seven years’ experience as a practicing advocate. He is also an accomplished legal scholar. He heads the consulting and regulatory compliance department. He spearheads the delivery of legal and governance audits as well as compliance and regulatory assignments.

Dr. Wekesa is well regarded in the market and has gained tremendous experience in handling the firm’s assignments on risk management, corporate governance and regulatory compliance for leading blue-chip companies, multinationals, regulators, state corporations, government ministries and multilateral agencies. He has also trained the board of directors and senior management on best practices in legal compliance and sound corporate governance.

Dr. Wekesa holds a PhD. in Law from the University of Pretoria, South Africa. He also holds two Masters of Laws (LLM) in Human Rights and Democratization in Africa from the University of Pretoria and in Commercial and Financial Services Law from the University of Nairobi respectively. He teaches at the University of Nairobi, School of Law.

As a legal scholar, Dr. Wekesa has published in the areas of administrative law, devolution, corporate governance and human rights.

Away from the office, Dr. Wekesa enjoys travelling and working out. He also mentors law students at the University of Nairobi.

Experience:
Legal Complieance Audits
Deputy team leader in carrying out legal and compliance audits where we reviewed client’s internal policies, practices, systems and operations to assess their level of compliance with the relevant laws and regulations including the Constitution, the establishing and regulating statutes and subsidiary legislation. We also reviewed the client’s procurement and contracting processes and procedures and recommended best practices. We also undertook a litigation audit for the client’s portfolio of cases and proposed areas of improvement. The previous and existing clients include Safaricom Limited, Post Bank, Kenya Electricity Generating Company (KenGen), Kenya Power, National Construction Authority, Energy and Petroleum Regulatory Authority, Standard Group, BOC Gases, Kenya Civil Aviation Authority, Communication Authority of Kenya, NG-CDF Board, Higher Education Loans Board, Technical University of Mombasa, Kenya Literature Bureau, Institute of Certified Public Accountants among others.

Corporate Governance Audits
Deputy team leader in carrying out corporate governance audits where we reviewed the client’s board operations including governance structures, systems and processes to assess their level of compliance with sound corporate governance practices including Mwongozo and CMA Codes and relevant legal and regulatory framework. We also reviewed board documents including board charter, board committee charters, code of conduct, strategic plan, board evaluation reports, board training plan, management reports to assess their adequacy in supporting board processes and procedures. We interviewed chairpersons of the board, chairpersons of board committees, Managing Directors and the Company Secretaries and Senior Management to obtain their views on compliance levels and identify areas of improvement. The previous and existing clients include Kenya Re, Energy and Petroleum Regulatory Authority, Kenya Power, Technical University of Mombasa, Kenya Civil Aviation Authority among others.

Regulatory Impact Assessments (RIAs)
Deputy team leader in conducting regulatory impact assessments (RIAs) where we reviewed the proposed regulations against the provisions of the parent statute, the Constitution 2010, Statutory Instruments Act 2013 and any other relevant laws, regulations, guidelines and government policies and strategies such as vision 2030 and the Big Four Agenda. From the review, we prepared Regulatory Impact Assessment Reports, Regulatory Impact Statements, Explanatory Memorandum, Certificate of Compliance and Notices for our clients. The previous and existing clients include Agriculture and Food Authority (AFA), Agrochemicals Association of Kenya (AAK), Pest Control Products Board (PCPB), Ministry of Water & Sanitation and Irrigation, Ministry of Agriculture, Livestock, Fisheries and Cooperatives, Law Society of Kenya among others.

Training:

  • Trained local and foreign participants on the following areas; legal compliance audits; corporate governance audits; legislative drafting; and contract management and administration.
  • Trained and advised the board of directors and senior management on best practices in legal compliance and sound corporate governance as well as the implementation of audit findings and recommendations to close gaps and boost level of compliance. We worked, advised and trained the board of directors of the following organizations: ICPAK Council, Kenya Re Board, KPLC Board, Ken Gen Board, NCA Board and Kilifi County Assembly Service Board.
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    Educational and professional qualifications:

    • Doctorate Degree in Law (PhD), University of Pretoria, South Africa, 2016.
    • Masters Degree in Law (Human Rights Law & Democratization in Africa), University of Pretoria, South Africa, 2012.
    • Masters Degree in Law (Financial Services Law) University of Nairobi, 2011.
    • Bachelors of Law, (1st Class Honors) University of Nairobi, 2008.
    • Diploma in Law, Kenya School of Law, 2010.
    • Admitted as an Advocate of the High Court of Kenya, 2013.

    Membership in professional associations:

    • Law Society of Kenya.
    • East Africa Law Society.

    Career history:

    • Lecturer, University of Nairobi, School of Law, Parklands Campus, 2015 – to date
    • Partner, Munyao Muthama & Kashindi Advocates, Nairobi, September 2020 to date
    • Senior Associate, Munyao Muthama & Kashindi Advocates, Nairobi, 2016 to August 2020
    • Trainer, Training & Consulting Associates (TCA), 2016 to date
    • Visiting Researcher/Lecturer, Centre for Human Rights, University of Pretoria, South Africa, 2015 – to date.
    • Lecturer, Moi University, School of Law, Eldoret, 2014 – December 2015.
    • Research Assistant & Tutorial Fellow, School of Law, University of Western Cape, SA, July – December 2012.
    • Assistant Refugees Status Determination (RSD) Officer, United Nations High Commission for Refugees (UNHCR), 2010 – 2011.

    Publications

    • SM Wekesa and N Otieno 'An assessment of the Duty to give reasons under the Fair Administrative Action Act 2015: Five years later.’ (submitted to Strathmore Law Journal for publication in the 2020 edition).
    • CSM Wekesa 'Gay rights exclusion: An economic perspective on gay rights in Kenya and Uganda' (submitted to East African Law Journal for publication in the 2020 edition).
    • SM Wekesa and M Ng’ania ‘The need for a framework for monitoring and evaluation of corporate social responsibility in Kenya (submitted to Governance Journal for publication in the 2020 edition).
    • 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 '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, '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).
    • S.M Wekesa County government and rights of marginalized ethnic minorities in Kenya: Evaluating the potential benefits and challenges, (Scholars’ Press Berlin 2013).

    Contact Details

    • Telephone: +254 720 890328
    • Email: drwekesa@mmkadv.co.ke

    The People