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Prof. Paul Musili Wambua

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Prof. Paul Musili Wambua | Professor of Law | Email: musili@uonbi.ac.ke

University of Nairobi Profile

Prof. Paul Musili Wambua is currently serving as a Full Professor of Law at the University of Nairobi School of Law, Kenya where he teaches maritime law, law of the sea, Insurance law and Corporate Governance with a research interest in maritime security and corporate governance. He has held the position of Associate Dean for the School of Law between 2010 and 2016. In 2010 while on sabbatical leave from the University of Nairobi he taught and held the position of the Dean at the Kabarak University School of Law. He has also been a visiting scholar and researcher at other universities and institutions of higher learning in Kenya, Rwanda, India, South Africa and Germany. 

Prof. Wambua holds a Bachelor of Laws (LL.B) degree from the University of Nairobi; a Post Graduate Diploma in Law (with Distinction) from the Kenya School of Law; a Master of Laws (LL.M) degree (with merit) from the University of London; a Master of Business Administration -MBA (Magna cum Laude) from United States International University (USIU)-Africa; and a Doctor of Laws (LL.D) in maritime law and law of the sea from Ghent University, Belgium on a VLIR Fellowship program. He has won several academic awards and fellowships including the Anant Pandya Award (1980) for highest score in EAACE (A level) Examination; the Law Society of Kenya Prize(1986) for being the best student in the Council of Legal Education (CLE) qualifying examinations at the Kenya School of Law; and Kachra Jivraji Prize(1986) for the student who made the most non academic contribution at the Kenya School of Law. 

Prof. Wambua has been a resident research scholar in piracy and maritime security at the prestigious Max Planck Institute of Foreign and International Criminal Law in Freiburg, Germany; at the Security Institute for Governance and Leadership in Africa (SIGLA) Stellenbosch University, South Africa; and at the National Maritime Foundation, New Delhi, India. He served as a member of the High Level Team of Experts which set up the Fisheries Crime Law Enforcement Academy (FishForceAcademy) at the Nelson Mandela University, Port Elizabeth South Africa and the local chapter at the University of Nairobi. He also served as a member of the team of experts who drafted the 2050 Africa’s Integrated Maritime Strategy (2050 AIM Strategy) , the African Maritime Transport Charter and the Technical Report on  Security and Safety at Sea for the Indian Ocean Rim Association (IORA).

Since 2000 Prof. Wambua has been appointed by the Government of the Republic of Kenya to serve in several senior public service appointments including commissioner with the Constitution of Kenya Review Commission (CKRC)-(2000-2005); Chairman of the Task Force on the Review of Maritime Laws (2002-2003); Chairman of the Betting Control and Licensing Board (BCLB)- (2013-2016); Chairman of the Task Force on Rights of Persons detained, held in custody or imprisoned (April 2011 to November 2011); and more recently (in October 2016) Chancellor of the University of Embu. He has also consulted for regional and international organizations including the African Union (AU) and the Intergovernmental Authority on Development (IGAD) during which time he participated in the development of key policy/ blue print documents on the maritime domain and the blue economy. 

A renowned scholar in maritime law, Prof. Wambua has presented scholarly papers at national, regional and international conferences. He has published widely on maritime law, piracy and corporate governance. Besides teaching law, Prof Wambua has also been a leading legal practitioner and international commercial arbitrator in the city of Nairobi. 

Fellowships Granted

  1. Granted Scholarship by the Belgian Government under the VLIR program (May 2006) to undertake research on governance of maritime zones in Kenya as part of the doctoral research work at Ghent University, Belgium.
  2. Granted fellowship by the Max Planck Institute of Foreign and International Criminal Law in Freiburg, Germany to undertake postdoctoral in-house research on piracy and maritime security (15thAugust 2009 to 15thDecember 2009).
  3. Granted fellowship and grant by the Security Institute for Governance and Leadership in Africa (SIGLA) to undertake distinguished research in maritime governance and security in Africa at Stellenbosch University Cape Town.
  4. Granted Research Fellowship/Grant by the Western Indian Ocean Marine Science Association (WIOMSA) to research and write a status report on the development of Blue Economy in the Western Indian Ocean region(including Kenya) – September 2016.

Comprehensive List of Publications

Books

Governance of maritime zones in Kenya; A critical appraisal of the policy ,legal and institutional frameworks, ISBN 978-3-8383-0460-1, Lambert Academic Publishing (2009) Cologne, Germany.

Articles

  1. The challenge of controlling African maritime zones: command, control and co-operation; how do we do it? Vol. 3 2006 No.1 (ISBN 91966-7121-7-8) the Law Society of Kenya journal.
  2. The jurisdiction for the grant of a mareva injunction in Kenyan courts. Vol. 4 2008 No. 1 (ISBN 9966-7237-2-2) the Law Society of Kenya journal.
  3. Missing constitutional moments in Kenya: the challenge of making a new constitution in peace time.East African Law Journal, 2008.
  4. Enhancing regional maritime co-operation in Africa; the planned end state. African Security Review Vol 18 No 3 September 2009.
  5.  The legislative framework for adjudication of piracy cases in Kenya; review of the jurisdictional and procedural challenges and the institutional capacity. The Law Society of Kenya journal (ISBN 9966-7384-6-0) Vol 6 2010 No 1. 
  6. The Law of the Sea: The Interplay between emerging marine environmental issues and maritime security along the East African Coast.Published in Law Society of Kenya Journal Vol 82012 N01 (ISBN 9966-031-27-3). 
  7. Going beyond Legalism in the fight against piracy and terrorismPublished in Law Society of Kenya Journal Vol. 82012 N02 (ISBN9966-031-27-3).
  8. Prosecution of Maritime Piracy Cases in Kenya; Testing the SUA Convention Model on Piracy Prosecutionspublished in a Special Edition No 1 of 2014 of the Criminological and Victimological Society of Southern Africa (CRIMSA) Journal: Acta Criminologicawith the theme: Violent crime in the Maritime Domain with emphasis on maritime piracy.
  9. Kenya’s Role In The Counter Piracy Operations By The Contact Group Off The Coast Of Somalia; Five Years Down the Line publishedas online  working paper of the  Lessons Learned Projectof the Contact Group on Piracy off the Coast of Somalia (http://www.lessonsfrompiracy.net/files/2015/06/Wambua-Kenya.pdf)-Jan 2014.
  10.  The Challenges of Implementing ADR as an   Alternative Mode of Access to Justice in Kenya published in the Journal of the Chartered Institute of Arbitrators Edition 2013.
  11. The No Place of Homosexuals in the Kenya and Uganda Military Services: Lessons from South Africa published by the SouthAfrican Journal of Military Studies, 2018 (Forthcoming).
  12.  Maritime Delimitation in the Indian Ocean (Somalia v Kenya) ICJ Case: The role of Maritime Security as the key determining factor published in the winter edition2016 in Acta Criminologica,South African Journal of Criminology (CRIMSA).
  13. Legal Frameworks for maritime Safety and Security in the Indian Ocean region: Prospects and Proposalspublished in Maritime Affairs: Journal of the National Maritime Foundation of India November 2016 (Routeledge Taylor & Francis). 

Book Chapters

  1. Corporate Governance and Corruption in Kenyapublished in the book titled: ,Integrity in Kenya’s Public Service, Claripress, Nairobi, 2008 (ISBN 9966917737).
  2. Kenyan jurisprudence in the fight against corruptionpublished in the book titled:  Integrity in Kenya’s Public Service,Claripress, Nairobi, 2008 (ISBN 9966917737).
  3. The legislative framework for adjudication of piracy cases in Kenya; review of the jurisdictional and procedural challenges and the institutional capacitypublished in the book titlted: sea piracy law-selected national legal frameworks and regional legislative approaches,Duncker and Humblot, Germany 2010.
  4. The Law of the Sea Convention Treaty: The EEZ vis a vis Fishing Rights in the East African Coast published in the book titled Environmental Challenges to Kenya’s Foreign PolicyForeign Service Institute Nairobi Kenya).
  5.  Piracy, Maritime Security and the Environment in the East African Coastin the book titled Environmental Challenges to Kenya’s Foreign Policy(Foreign Service Institute Nairobi).Terrorism and Piracy; New threats to Geopolitical stability in the Horn of Africapublished in a book titled The Handling of the Somali Crisis in Kenya (Foreign Service Institute Nairobi). Building Collaborative Peace and Security Arrangements in IGAD; Challenges and prospects to be published in the IGAD Journal for Peace and Securityand as part of the conference proceedings. Implementation of the Law of the Sea Convention in Kenyato be published as a chapter in a book to be published by the East African Educational Publishers Ltd( Edited by Prof C.O Okidi, Prof P. Kameri-Mbote and Prof Migai Aketch).
  6. A Case for Strengthening the Geopolitical Cooperation between the Horn of Africa and India. A chapter in a book titled India Africa Strategic Dialogueby the Institute of Defence Studies and Analyses, New Delhi India.
  7. The Scourge of Piracy: Cooperative Frameworks and Capacity Building in the    Indian Ocean. A chapter in a book titledIndian Ocean Challenges-A quest for cooperative Frameworks.
  8. Regional Initiatives to Challenges in the Indian Ocean; Indian Ocean Association for Regional Cooperation (IOR-ARC).Published in theForeign Policy Research Centre (FPRC)  Quarterly Journal No 13 in April 2013.
  9. UNCLOS and Good order at Sea; A Normative Framework published as a chapter in a book titled Towards Good Order at Sea; The African Experiencespublished by Juta, South Africa.
  10. Silences on Maritime Security Existing Regional Security Architecture; The Case of East Africa and the Indian Ocean  a Chapter in a book titled  The Political Economy of the Indian Ocean Maritime AfricaDennis Rumley (Ed.) Curtis University Western Australia to be published by Pentagon Press, New Delhi.
  11. The Aim Strategy and the Implementation of UNCLOS in Kenya. Published asachapter in a book titled The Law of the Sea: The African Union and its Member States;Juta and Company, Cape Town, South Africa.
  12. The No Place of Homosexuals in the Kenya and Uganda Military Services: Lessons from South Africa. To be published in the South African Journal of Military Studies 2017.
  13. The Law of the Sea in Kenya. Published as a book chapter in a book titled Africa and the Law of the Sea2 Juta and Company, Cape Town, South Africa 2018.
  14. Unbundling the Public Interest Component in International Maritime Law published in a book titled Laying Foundation for Environmental Law in Africa; The Legacy of Professor Charles Oditi Okidi  edited by Patricia Kameri- Mbote and Collins Odote Oloo (publishers to be advised).

Conference Papers: 

  1. An overview of civil procedure as applied in Kenya. A paper presented at the rent restriction department orientation and performance seminar program at the Kenya Institute of Highways and building technology, Nairobi, 4th– 9thApril 2004.

    2.The challenges of controlling African maritime zones: command, control and co-operation: how do we do it?Paper presented at the first Sea power for Africa symposium, Cape Town South Africa, 28thAugust 2005.

  2. Governance of Kenya’s living and non-living marine resources: a review of the existing policy, legal and institutional frameworks. Paper presented at the 5thworldwide colloquium of the IUCN academy of environmental law, Rio de Janiero/Paraty, Brazil, 31st May-June 5th, 2007.
  3. Enhancing regional maritime co-operation in Africa: the planned end state. Paper presented at the third Sea power for Africa symposium Cape Town 8th-11thmarch 2009.
  4. Prosecution of pirates in regional states: an overview of the legal frameworks. Paper presented at the expert meeting on multinational law enforcement and sea piracy at the Max Planck Institute of Foreign and International Criminal Law, Freiburg, Germany 27thto 28thNovember 2009.
  5. The legislative framework for adjudication of piracy cases in Kenya; review of the jurisdictional and procedural challenges and the institutional capacity. A research seminar paper presented at the Max Planck Institute of Foreign and International Criminal Law, Freiburg, Germany 15thOctober to 15thDecember 2009.
  6. Interagency challenges in enforcing maritime safety and security in Africa. A paper presented at the expert workshop on maritime safety and security at the African Union (AU) headquarters, Addis Ababa, Ethiopia 6th and 7thApril 2010.
  7. Maritime security: issues in piracy and terrorism. A paper presented at a workshop for newly appointed Kenyan envoys at the Neptune Hotel, Mombasa 30th April 2010.
  8. Combating piracy and maritime crimein the Indian Ocean. Apaper presented at the Indian Ocean Naval Symposium (IONS) held in Abu Dhabi (UAE) 10thto 12thMay 2010-(also served as a moderator for the fourth session).
  9. Terrorism and piracy: new threats to geopolitical stability. A paper presented at the Kenya School of Government (formerly Kenya Institute of Administration -KIA) to diplomats appointed by the Somalia’s Transitional Federal Government-TFG, 24th June 2010.
  10. Piracy, maritime security and the environment in the Eastern African coast. A paper presented at a roundtable seminar (held at the Continental Resort, Mombasa) jointly organized by the Foreign Service Institute (FSI) and the Institute of Security Studies (ISS) on the theme foreign policy and the environment13th- 14th  August 2010. 
  11. Enhancing regional maritime cooperation in East Africa. A paper presented at a workshop on maritime safety and security organized by the East African Standby Force (EASBRICOM) at the Leisure Lodge, Mombasa, 13thto 17thSeptember 2010.
  12. The United Nations Convention on the Law of the Sea; the Exclusive Economic Zone vis a vis fishing rights in the East African coastline. A paper delivered at a workshop for Diplomats of the Government of Southern Sudan (GOSS) on 13thNovember 2010 at the Continental Resort Hotel, Mombasa. 
  13. Building collaborative peace and security arrangements in IGAD; challenges and prospects. A paper presented at the IGAD Year of the Peace (YoP) conference at the Intercontinental Hotel Nairobi, 22ndto 25thNovember 2010.
  14. Challenges of prosecuting piracy offences in Kenya. A paper presented at the Seminar on international trade and challenges of piracy at the Coral Key Hotel, Malindi 9thand 10thDecember 2010. 
  15. 16.The challenges of Piracy and terrorism in the horn of Africa; the intervening role of diplomats and protocol officers. A paper delivered to the diplomats and protocol officers from the IGAD countries at the IGAD Liaison offices in Nairobi on 18thFebruary 2011.

    17.Addressing Maritime Security Challenges; Lessons from Kenya’s Model Legislative Framework.A paper presented at the Wilton Park Conference (West Sussex, UK) 7thto 10thJuly 2011 on the theme Building Local Capacity for Maritime security.

  16. A case for Strengthening the Geopolitical Cooperation between the Horn of Africa and India.A paper presented at the Institute of Defense Studies and Analyses (IDSA) Conference on the theme India- Africa Strategic Dialogueon 24/25thNovember 2011.
  17. 19.The Scourge of Piracy: Cooperative Frameworks and Capacity Building a paper presentedat the Annual Maritime Conference organized by the National Maritime Foundation at the IDSA New Delhi on the theme Indian Ocean Challenges on 27thand 28thFebruary 2012.

  18. Aborted Monism; An analysis of treaty Practice under the new constitution. A paperpresented at aseminar organized by the Law Society of Kenya at the Waterbuck Hotel, Nakuru whose theme was The EAC, International Laws & Treaties, How Much Do You Know?
  19. Prosecution of Maritime Piracy Cases in Kenya; Testing the SUA Convention Model on Piracy Prosecutions. A paper presented at the 1st International Conference on Maritime Piracy, Misty Hills Hotel, Gauteng, South Africa whose theme was “Sea Piracy: International and Continental Responses, 3rdto 5thSeptember 2013.
  20. UNCLOSand Good order at Sea; A Normative Framework. A paper presented at a conference on Good Order at Sea off Eastern Africa; Beyond Piracy 18th to 20thSeptember 2013 at Whitesands Hotel Dar es Salaam.
  21. 23.The Aim Strategy and the Implementation of UNCLOS in Kenya.A paper presented at The Marine and Maritime Law Seminar ( 13thand 14thNovember 2014) at the Nelson Mandela Metropolitan University, Port Elizabeth, South Africa.

    24.The Kenyan Legislative Framework on the Institute Clauses, Bills of Lading and Admiralty Jurisdiction. A paper presented at theMarine and Aviation Seminar 2014, 27th and 28thNovember 2014 at the Sarova Panafric Hotel Nairobi.

    25.The No Place of Homosexuals in the Kenya and Uganda Military Services: Lessons from South Africa. A paperpresented at the1stInternational Military Law Conference in Pretoria South Africa, 31stOctober 2016 to 4thNovember 2016.

     

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