Raphael Ng’etich (European Research Council PhD Scholar)
International investments, land, and community engagement initiatives in Kenya
International investments in Kenya require land to host various projects. Some of the land is obtained from communities. And while international investment law treats land as a commercial asset, the communities view it as a place for conducting social, economic, and political life. The conception of property rights in land in international investment law is, therefore, bound to collide with the ‘lived-in’ property rights of the communities. Raphael’s study seeks to examine the justice and injustice occasioned when these two conceptions of land collide. It uses community engagement initiatives since they offer a meeting point between international investors and communities, and possibly where the justice and injustice unfold.
Raphael Ng’etich is a PhD candidate at the Sutherland School of Law, University College Dublin (UCD). His study is part of the European Research Council (ERC) funded project – Land, Property and Spatial Justice in International Law / PROPERTY[IN]JUSTICE. The project is led by Dr Amy Strecker, an Associate Professor at the Sutherland School of Law. Raphael’s study looks at international investments, land, and community engagement initiatives in Kenya.
Prior to commencing his doctoral studies, Raphael was an adjunct lecturer at Daystar University School of Law in Nairobi where he taught contract law, civil procedure, labour law, business law, and company law. He is an Advocate of the High Court of Kenya and a member of the Chartered Institute of Arbitrators (MCIArb). He obtained a Master of Laws degree from Notre Dame Law School, a Postgraduate Diploma in Law from the Kenya School of Law, and a Bachelor of Laws (first class honours) degree from Strathmore Law School. His research interests are primarily in property law, alternative justice systems, and law and technology.
- Francis Kariuki, Smith Ouma and Raphael Ng’etich, Property Law (Strathmore University Press 2016).
- Francis Kariuki and Raphael Ng’etich, ‘The promotion of alternative dispute resolution mechanisms by the Judiciary in Kenya and its impact on party autonomy’ (2018) 6(2) Alternative Dispute Resolution 63. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3644361>
- Raphael Ng’etich, ‘The current trend of costs in arbitration: Implications on access to justice and the attractiveness of arbitration’ (2017) 5(2) Alternative Dispute Resolution 111. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3644333>
- Francis Kariuki and Raphael Ng’etich, ‘Land grabbing, tenure security and livelihoods in Kenya’ (2016) 9(2) African Journal of Legal Studies 79. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3644354>
- Raphael Ng’etich, ‘The rejected stone may be the cornerstone: A case for the retention of traditional justice systems as the best fora for community land disputes in Kenya’ (2016) 1(2) Strathmore Law Review 141. <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3644326>
- Raphael Ng’etich, ‘A case for expert determination of patent disputes in Kenya’ (Centre for Intellectual Property Law and Information Technology (CIPIT) Law Blog, 3 September 2015). <https://cipit.strathmore.edu/a-case-for-expert-determination-of-patent-disputes-in-kenya/>