INDEPENDENT ARBITRATOR · NAIROBI, KENYA
Lady Justice (Rtd) Mary N. Kasango, MBS, FCIArb
Retired Judge, High Court of Kenya · Former Judge, COMESA Court of Justice
Four decades in the law. Twenty years on the Bench. A decade resolving complex international and commercial disputes — as sole arbitrator, co-arbitrator and member of multinational arbitral panels.
40+
YEARS IN THE LAW
20
YEARS ON THE KENYAN BENCH
10
YEARS · COMESA COURT OF JUSTICE
FCIArb
FELLOW, CIARB (UK)
WELCOME
Judicial rigour. Arbitral efficiency.
Lady Justice Mary Kasango brings to private dispute resolution the discipline of two decades adjudicating civil, commercial, tax, admiralty and employment matters in the High Court of Kenya, and ten years hearing trade and arbitration disputes at the COMESA Court of Justice involving member states, institutions and private entities.
Since retiring from the Bench, she has served as sole arbitrator in cross-border and domestic commercial arbitrations — including a €4 million dispute between an EU-based company and a Kenyan parastatal — delivering reasoned final awards promptly and decisively.
“Mediation and arbitration can become the future tools for case resolution — if well understood by those they serve.”— Lady Justice Kasango, on alternative dispute resolution, Kiambu High Court
Appointments Accepted
- Sole Arbitrator
- Co-Arbitrator / Party-Appointed Arbitrator
- Presiding Arbitrator
- Domestic & international commercial disputes
Core Sectors
- Commercial & cross-border contracts
- Construction & infrastructure
- Banking, finance & securities
- Employment & institutional disputes
- Intellectual property
ABOUT
A career devoted to justice
Lady Justice Mary Kasango (Rtd) is a former Judge of the High Court of Kenya, where she served the Kenyan Judiciary with distinction for twenty years (2003–2023). She also served, on an ad hoc basis, as a Judge of the First Instance Division of the COMESA Court of Justice for 10 years — a court hearing trade disputes between COMESA member states and private entities, and arbitration matters conferred by contract.
Educated in London, she read law at Middlesex University and was called to the Bar of England and Wales by the Honourable Society of Lincoln’s Inn in 1979. She later obtained a Master of Laws in Intellectual Property Law from Golden Gate University, San Francisco, and qualified for the Kenyan Bar at the Kenya School of Law.
Before her elevation to the Bench, she founded and managed Muhanji–Kasango Advocates for eleven years, and practised with the leading Nairobi firm Hamilton Harrison & Mathews. For thirteen years she lectured part-time at the Kenya School of Law in Trust Accounts.
She is a Fellow of the Chartered Institute of Arbitrators (UK), a member of its Kenya Chapter, and was honoured with the Moran of the Order of the Burning Spear (MBS) for her service to the nation.
At a Glance
- Judge, High Court of Kenya (2003–2023)
- Judge, COMESA Court of Justice (10 years)
- Fellow, Chartered Institute of Arbitrators (UK)
- Barrister-at-Law, Lincoln’s Inn, London
- LL.M (Intellectual Property), Golden Gate University, USA
- Founder, Muhanji–Kasango Advocates (1992–2003)
- Member, Arbitral Court, Nairobi Centre for International Arbitration (2026)
CAREER TIMELINE
From Lincoln's Inn to COMESA
Called to the Bar of England & Wales
Barrister-at-Law, Honourable Society of Lincoln’s Inn, London.
Admitted in Kenya · Hamilton Harrison & Mathews
Litigation, conveyancing and advisory for major institutions including Kenya Commercial Bank, ABN-Amro, Standard Chartered and General Motors.
Part-time Lecturer, Kenya School of Law
Taught Trust Accounts; set and marked professional examinations for thirteen years.
Founder & Managing Partner, Muhanji–Kasango Advocates
General practice spanning corporate, commercial, land, family and employment law.
Judge, High Court of Kenya
Served in seven stations and divisions, including as Presiding Judge of the Commercial & Tax Division, Nairobi.
Judge, COMESA Court of Justice (First Instance Division)
Ten-year ad hoc appointment; sat on tripartite and full-bench (7-judge) arbitral panels.
Independent Arbitrator
Sole and co-arbitrator in domestic and international commercial disputes.
Appointed Member, NCIA Arbitral Court
Constituted by the Chair of the Board of the Nairobi Centre for International Arbitration under section 21 of the NCIA Act, 2013.
ARBITRATION PRACTICE
International & domestic commercial arbitration
An accomplished arbitrator with over ten years of specialised experience in international commercial arbitration, with a proven record of managing complex, high-stakes cross-border disputes across multiple jurisdictions — adept as sole arbitrator and co-arbitrator.
Sole Arbitrator Mandates
Recent sole-arbitrator appointments include a €4 million dispute between an EU-based company and a Kenyan parastatal (final award published 7 March 2025), and Kenyan commercial disputes valued at KES 27 million and KES 43 million (final awards published 30 May 2025).
COMESA Panel Experience
Sat in international arbitrations involving COMESA institutions and employees, on panels of both three and seven judges — experience spanning tripartite and full-bench arbitral procedure under treaty-based frameworks.
Judicial Supervision of Arbitration
As a High Court judge, determined applications under the Kenyan Arbitration Act — jurisdiction challenges, setting-aside applications and enforcement — giving her a complete view of the arbitral life-cycle from both sides of the Bench.
Sectors & subject matter
- Construction and infrastructure disputes
- Commercial contracts and cross-border trade
- Banking, securities and financial services
- Employment and institutional disputes
- Tax and revenue matters
- Admiralty and maritime commerce
- Intellectual property (LL.M specialism)
Why parties appoint her
- Judicial discipline — twenty years writing reasoned, appeal-tested decisions
- Procedural firmness — efficient case management honed clearing court backlogs
- Regional fluency — deep familiarity with Kenyan, COMESA and English-law traditions
- Independence — a reputation for integrity recognised with the MBS national honour
- Prompt awards — recent final awards delivered and published on schedule
Considering an appointment?
Availability, conflicts checks and fee schedules provided promptly on enquiry.
JUDICIAL CAREER
Twenty years on the High Court Bench
| Period | Station / Division | Role |
|---|---|---|
| 2020–2023 | Kiambu High Court | Presiding Judge |
| 2018–2020 | Commercial & Tax Division, Nairobi (Milimani) | Presiding Judge |
| 2015–2018 | Nanyuki High Court | Presiding Judge |
| 2011–2015 | Mombasa High Court | Judge |
| 2009–2011 | Meru High Court | Resident Judge |
| 2007–2009 | Nyeri High Court | Resident Judge |
| 2003–2007 | Commercial & Admiralty Division, Nairobi | Judge |
Concurrently: Judge, COMESA Court of Justice (First Instance Division), hearing trade disputes between member states and private entities, and contract-conferred arbitrations.
Selected arbitration-related judgments
Royal Ngao Holdings Ltd v N.K. Brothers Ltd
[2020] eKLR · High Court of Kenya
A construction dispute over a multi-storey Upper Hill development. Her ruling upheld the arbitral tribunal’s jurisdiction, applying the strict timelines of section 17(6) of the Arbitration Act and holding that a party which initiates arbitration cannot “approbate and reprobate” by later contesting the tribunal’s jurisdiction — a decision subsequently relied upon by the High Court in striking out parallel litigation.
National Agricultural Export Development Board v Cargill Kenya Ltd
[2014] eKLR · High Court of Kenya
A cross-border commercial arbitration matter concerning the recognition and enforcement framework for arbitral awards in Kenya.
Consolidated Bank of Kenya Ltd v Arch Kamau Njendu t/a Gitutho Associates
[2015] eKLR · High Court of Kenya
Addressed the interface between arbitral references and court proceedings in a banking and professional-services context.
Nairobi City County v The Illuminator Ltd
Misc. Civil App. No. 354 of 2017 · High Court of Kenya
Judicial supervision of arbitration involving a county government — public-body arbitration under the Kenyan statutory regime.
David Mwangi Ndegwa v Kenya Revenue Authority
Civil Suit No. 541 of 2015 · Judgment, 29 November 2018
A widely discussed tax judgment on whether VAT is payable on transactions for the sale of land with commercial buildings — illustrative of her commercial and tax jurisprudence as Presiding Judge of the Commercial & Tax Division.
QUALIFICATIONS & MEMBERSHIPS
Education and professional standing
Fellow, Chartered Institute of Arbitrators (FCIArb)
United Kingdom
Advanced Certificate in Arbitration, CIArb
Awarded Best Candidate — Accelerated Route to Membership
Master of Laws (LL.M), Intellectual Property Law
Golden Gate University, San Francisco, California
Diploma in Law (Bar Qualification)
Kenya School of Law
Barrister-at-Law
Called to the Bar of England & Wales, Lincoln’s Inn
LL.B (Hons)
Middlesex University , London
Memberships & honours
Chartered Institute of Arbitrators
Fellow (FCIArb), United Kingdom · Member, Kenya Chapter
Moran of the Order of the Burning Spear (MBS)
National honour conferred for distinguished service to the Republic of Kenya.
Best Candidate Award, CIArb (2018)
Accelerated Route to Membership of the Chartered Institute of Arbitrators.
Member, Arbitral Court — constituted under section 21 of the NCIA Act, 2013 (2026).
THOUGHT LEADERSHIP
Publications & speaking
Journal Publication
Alternative Dispute Resolution, Chartered Institute of Arbitrators (Kenya), Vol. 9 No. 1 (2021).
Conference Papers
Numerous papers delivered at national and regional conferences on arbitration, mediation and commercial justice. Details available upon request.
Speaking Engagements
Featured speaker within the East African arbitration community, including the East Africa International Arbitration Conference (EAIAC) circuit, and participant in the INSOL International / World Bank Group Africa Round Table on insolvency reform (2019).
“In Kiambu High Court we have a huge backlog of cases… hence the need for an alternative resolution process.”— Advocating court-annexed mediation and ADR, 2022
COMMUNITY & SERVICE
Service beyond the Bench
Board Service
- CORAT Africa — Member since 1997; Vice-Chair from 2024
- Transworld Radio — Board Member (1996–2014)
- Faulu Ltd — Board Member (1999–2002)
- Sheepfold Ministries — Board Member (1997–2003)
Legal Education
Thirteen years as a part-time lecturer in Trust Accounts at the Kenya School of Law (1987–2003), setting and marking professional examinations and mentoring future advocates — alongside supervision and mentorship of legal staff in private practice.
Community Life
- Sunday School Teacher, CITAM Valley Road (1996–2007)
- Funding education for extended family members
- Judicial service as core community contribution
ENQUIRIES & APPOINTMENTS
Contact Chambers
For arbitral appointments, conflicts checks, availability and fee schedules, please contact chambers directly or use the enquiry form. Professional and character referees are available upon request.
This website provides general information about the arbitrator’s background and experience. It does not constitute legal advice, and contact through this site does not create any professional engagement until conflicts have been cleared and terms agreed. Please do not include confidential or privileged information until a conflicts check has been completed.