Daniel Musyoka Linkedin

Daniel Musyoka is a Senior Partner in the Dispute Resolution and International Arbitration Department at Muriu Mungai & Company Advocates LLP (MMC ASAFO), with over 30 years’ experience across commercial, construction, public procurement, and family law disputes. He is a Member of the Chartered Institute of Arbitrators (MCIArb) and holds the GAR (Global Arbitration Review) Certificate in Damages in International Arbitration.

Selected Experience:

• Major International Dam Construction Arbitration (ICC, London Seat): Acted for a Kenyan government water services authority, alongside the Office of the Attorney General, in an ICC arbitration brought by a major European construction contractor over a KES 28.97 billion dam and water supply contract, with claims exceeding €111 million. Played a central role in distilling a highly complex, multi-stakeholder dispute for decision-makers at the highest level of government, guiding the matter to a negotiated Settlement Agreement recorded as a Final Award by Consent — reviving a critical national infrastructure project.
• International Construction Arbitration (ICC, Expedited Procedure): Lead Counsel for a Kenyan real estate developer against a major Chinese state-owned contractor in a KES 682 million infrastructure dispute. Successfully defended the overwhelming majority of a KES 184 million claim, with the Tribunal awarding only a fraction of the sum sought and ordering the contractor to bear the employer’s full costs.
• Public Procurement & Green Energy Arbitration (NCIA Rules): Lead Counsel for a major Kenyan public energy utility in a USD 2.3M+ claim, successfully arguing that the underlying consultancy contract was void ab initio for non-compliance with the Public Procurement and Asset Disposal Act — limiting recovery to a fraction of the original claim.
• Domestic Arbitration & High Court Enforcement (CIArb): Lead Counsel for a Kenyan property developer in a construction arbitration under the JBC standard form contract; secured a Final Award of over KES 44 million with interest and successfully enforced it through the High Court of Kenya.

Selected Commercial Litigation & Advisory Experience

• CRJE (East Africa) Limited v Riverside Square Offices Limited: Lead Counsel for CRJE (East Africa) Limited, a Tanzanian-incorporated contractor, in a cross-border construction dispute under a FIDIC Red Book contract concerning a KShs 1.046 billion commercial development project in Nairobi — steering the client through court-annexed mediation to balance procedural entitlements with a commercially pragmatic settlement strategy.
• Britam General Insurance Company (K) Limited: Acting for Britam in a Court of Appeal matter concerning a USD 1.7 million FIDIC performance guarantee, addressing the distinction between on-demand and conditional guarantees — a principle-based appeal with significant implications for construction finance practice in Kenya.
• KCB Bank Kenya Limited: Acting for KCB Bank in linked High Court and insolvency proceedings arising from Savannah Cement Limited’s KES 10 billion debt (USD 70 million), securing administration orders that enabled structured asset realization while balancing the interests of secured and unsecured creditors.