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Founding/Managing Partner

  • LL.D (University of South Africa) | LL.M (King’s College London) | LL.B (University of Nairobi)
Books and Edited Volumes
  • • Conveyancing: Theory and Practice (2002)
    • Constitution Making and Democracy in Kenya (2004)
    • Anti-Corruption and Good Governance in East Africa (2007)
    • Professional Ethics (Revised 2015)
    • The Enforcement of Professional Ethics in Kenya (2014)
    • Constitutionalism and Democratic Governance in Africa (2013)
    • Mastering Legal Research (2013)
    • Land Law and Governance in Kenya (2023)
BACKGROUND

Prof. Tom Odhiambo Ojienda, SC, is an Advocate of the High Court of Kenya with a distinguished legal career spanning over 32 years. He is one of the few Kenyan lawyers to have attained the prestigious rank of Senior Counsel, conferred in recognition of his exceptional contribution to the advancement of law and justice.
He holds a Doctor of Laws (LL.D) from the University of South Africa, a Master of Laws (LL.M) from King’s College London, a Bachelor of Laws (LL.B) from the University of Nairobi, a Postgraduate Diploma in Law from the Kenya School of Law, and a Diplôme d’Études en Langue Française from Alliance Française de Paris.
As a robust litigation counsel, Prof. Ojienda, SC, has successfully handled numerous landmark cases before the Supreme Court of Kenya, across fields including Land and Environment Law, Electoral Law, Commercial Law, Family Law, and Constitutional Law. He represents individuals, State agencies, national and county governments, private corporations, and multilateral entities before Kenyan courts, from subordinate courts to the Supreme Court, as well as before international tribunals such as the ICC, LCIA, and ICSID.
Fluent in English, French, and Kiswahili, Prof. Ojienda, SC, is able to represent clients across jurisdictions with cultural and linguistic versatility.
Beyond practice, Prof. Ojienda is an ardent scholar and legal educator who taught at Moi University for over a decade, where he coordinated moot courts, clinical legal education, and curricular development. He has edited and published over ten books and more than thirty peer-reviewed journal articles across diverse areas of law, and presented scholarly papers at international conferences in Africa, Europe, and the Americas. His consultancies have spanned agencies such as the World Bank, USAID, UNIFEM, and various national commissions and tribunals.
He served as Commissioner in the Truth, Justice, and Reconciliation Commission (TJRC), Chair of the Land Acquisition Compensation Tribunal, and consultant to the Njonjo and Ndung’u Land Commissions. He was instrumental in the National Land Policy Formulation Process, culminating in Sessional Paper No. 3 of 2009, which laid the groundwork for Kenya’s post-2010 land reform framework.
Prof. Ojienda, SC, is the immediate former Representative of the Law Society of Kenya (LSK) to the Judicial Service Commission (JSC) and currently serves as Senator for Kisumu County.
Through his scholarship, advocacy, and leadership, Prof. Ojienda continues to shape Kenya’s jurisprudence, institutional governance, and the broader discourse on law and justice in Africa.

Credentials
Doctor of Laws (LL.D), University of South Africa
Master of Laws (LL.M), King’s College London
Bachelor of Laws (LL.B), University of Nairobi
Diplôme d’Études en Langue Française, Alliance Française de Paris
Diploma in Law, Kenya School of Law
Related Expertise
  • Constitutional, Devolution and Administrative Advisory
  • Land Mining & Environmental Law Disputes and Advisory
  • Maritime Disputes
  • Electoral Disputes
  • Commercial, Corporate & Financial Services and Capital Markets
  • Governance, Ethics & Access to Justice
  • International Human Rights & Humanitarian Law
  • Electoral & Public Law Litigation
  • Legislative Drafting & Policy Reform
  • Institutional Strengthening & Legal Audits
  • Academic Governance & Legal Education Reform
  • Arbitration & Alternative Dispute Resolution
  • Public Procurement, Regulation, and Compliance
  • Real Estate, Land and Conveyancing
  • High Profile Legal Opinions
  • Political Parties Organization, Formation and Governance
  • Curricula Review and Formulation
  • Higher Education Policy and Framework Consultancy
Publications, Research & Audits

Prof. Ojienda has written widely on constitutional law, land governance, environmental justice and ethics. His publications include Conveyancing Theory and Practice in Kenya, Anti-Corruption and Good Governance in East Africa, and Constitutionalism and Democratic Governance in Africa. He has led multiple institutional audits and policy reviews that inform Kenya’s legal and development agenda.

Selected Articles

(condensed representative selection)
• Sustainability and the Ivory Trade  EA J. Intl & Comparative Law (2002)
• Clinical Legal Education in Moi University  Intl J. Clinical Education (2002)
• Kenya’s Compliance with Human Rights Obligations  EA J. Human Rights & Democracy (2003)
• Illegal or Irregular Titles  LSK Journal (2005)
• Implementing NEPAD  Kenya Law Review (2007)
• Protection and Restitution for SGBV Survivors (with R. Aura & R. Ogwang) (2008)
• Legal and Institutional Framework of the TJRC LSK Journal (2010)
• A Critical Look at the Land Question Nairobi Law Monthly (2010)

Books and Edited Volumes

• Conveyancing: Theory and Practice (2002)
• Constitution Making and Democracy in Kenya (2004)
• Anti-Corruption and Good Governance in East Africa (2007)
• Professional Ethics (Revised 2015)
• The Enforcement of Professional Ethics in Kenya (2014)
• Constitutionalism and Democratic Governance in Africa (2013)
• Mastering Legal Research (2013)
• Land Law and Governance in Kenya (2023)

Digital Contribution
  •  Researching Kenyan Law  Hauser Global Law School Program, NYU School of Law
Key Experience
  • Representing the Independent Electoral and Boundaries Commission (IEBC) as co-counsel in all presidential election petitions from 2017 to 2022 before the Supreme Court of Kenya, shaping Kenya’s electoral jurisprudence and reinforcing institutional independence.
  • Acting for the 47 Speakers of County Assemblies in a constitutional petition challenging the establishment of County Development Boards, securing the autonomy of county legislative organs.
  • Representing Narok County Government in recovery proceedings involving the unlawful acquisition of over 4,000 acres within the Maasai Mara National Reserve.
  • Representing the Public Service Commission (PSC) in a landmark case testing constitutional limits on benefits to Members of Parliament valued at KES 1.2 billion annually.
  • Acting for the National Land Commission in multiple high-value disputes on unlawful acquisition and allocation of public land.
  • Representing King Woollen Mills and Galot Industries in a Supreme Court matter on property rights and commercial claims worth KES 251 million
  • Acting for Kwale Sugar Company in a constitutional petition arising from the closure of its KES 4 billion factory by a multi-agency team.
  • Representing Cornerstone Preparatory Association in litigation challenging the legality of school and charity land titles.
  • Representing Numerical Machining Complex Limited in a proprietary dispute over 500 acres valued at KES 8 billion.
  • Acting for Dr. Evans Kidero in a constitutional challenge to Capital Markets Authority investigations into his personal accounts (2006–2016).
  • Successfully defending Hon. Cyprian Awiti and Hon. Hamilton Orata in the Supreme Court after annulment of their gubernatorial election.
  • Successfully acting for Hon. Mohamed Abdi in the Wajir gubernatorial election petition; a definitive precedent on academic qualification disputes.
  • Acting for the IEBC in multiple constitutional matters challenging its composition and authority, including the compulsory leave of its Chief Executive Officer.
  • Representing Lenny Maxwell Kivuti before the Supreme Court in his petition challenging the election of Martin Nyaga Wambora as Governor of Embu County.
  • Acting for the Central Bank of Kenya in the recovery of funds from the Goldenberg-related cases, exceeding USD 1 billion.
  • Representing Kevin Omondi Ochieng and 38 others in a constitutional petition on unlawful arrest and detention without charge — a milestone on due process.
  • Acting for Landmark Freight Services Limited in a constitutional petition on destruction of imported goods worth KES 600 million.
  • Advising the National Land Policy Formulation Secretariat on legislative harmonization leading to Sessional Paper No. 3 of 2009 on National Land Policy.
  • Providing legal advisory to county governments, multinationals, and development agencies on constitutional compliance, devolution, and environmental governance.
Research and Consultancies
  • Chairperson, Committee on Review of the Law Society of Kenya Act (2001)  drafted the LSK (Amendment) Bill 2001.
  • Consultant, Commission of Inquiry into Land Law Systems (2002)  customary tenure research and policy report.
  • Consultant, National Task Force on Legal Issues Relating to HIV/AIDS (2002)  developed Kenya’s first HIV law framework.
  • Consultant, Kenya National Commission on Human Rights (2005) — review of Community Service Programme.
  • Consultant, National Land Policy Formulation Process (2005)  contributed to Sessional Paper No. 3 of 2009.
Enduring Impact

Prof. Tom Ojienda, SC embodies the ideal of the scholar-advocate; a lawyer whose courtroom mastery, academic rigour, and institutional leadership have strengthened the rule of law in Kenya and across Africa. His jurisprudential and policy legacy continues to inform constitutional governance, land reform, and professional ethics, ensuring that justice remains principled, accessible, and transformative.

Prof. Tom Ojienda Foundation

The Prof. Tom Ojienda Foundation advances education, mentorship, and community empowerment through scholarships, legal literacy programmes, and access-to-justice initiatives. It embodies Prof. Ojienda’s belief that justice must serve people beyond the courtroom and that knowledge is the cornerstone of freedom.