Legal Audit & Compliance
specific requirements. This regime continues to grow, with new laws and regulations being
passed each year. It is therefore easy for companies and state corporations to be at crossroads
with compliance of these requirements, which may expose the entity’s officials to both civil and
criminal liability. In order to ensure consistent compliance with the legal regime, state
corporations are required to undertake comprehensive legal audits every two years. Companies
undertake these audits for good measure. This is where we come in to assist our clients. We
intensively interrogate our clients’ systems, structures and documentation and advise on the
nature and extent of compliance. Consequently, both firms advise on measures our clients adopt
to mitigate non-compliance or the effects thereof. In order to ensure sustainability of this exercise,
we advise on systems the client could use to consistently monitor and self-evaluate their legal
and regulatory compliance. Summary of our services include:
- Assisting you in establishment of legal compliance systems;
- Training your staff on legal compliance;
- Undertaking legal audits; and
- Preparing monitoring and evaluation tools for you.
Legal Audit & Compliance
The Kenyan legal and regulatory regime is complex and comprises cross cutting and sector specific requirements. This regime continues to grow, with new laws and regulations being passed each year.
Environmental Law
With respect to this area of law, the preamble of the Constitution of Kenya encapsulates the citizens’ aspirations when it states that “we the people of Kenya are respectful of the environment, which is our heritage, and determined to sustain it for the benefit of the future generations”. Our Environmental laws thus flow from the afore-stated aspiration and the Courts have endeavored to incorporate this aspiration into our jurisprudence.
Corporate Governance Law
The purpose of corporate governance is to facilitate effective, entrepreneurial and prudent management that can deliver the long-term success of the company. Corporate governance is the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies.
Capital Markets Law
Capital markets are markets for buying and selling equity and debt instruments. Capital markets channel savings and investment between suppliers of capital such as retail investors and institutional investors, and users of capital like businesses, government and individuals. This area of law is governed by the Capital Markets Act together with the regulations therein.
Family Law
This branch of law seeks to define status between the parties in the family as a fundamental unity of our Kenyan society i.e. it defines what rights a member of the family can claim over the other or over the other’s property. It also serves to protect certain weaker members of that 11 | P a g e family e.g. children. On termination of a family relationship there are certain members who may need protection especially economic protection.
Labour Law
The legal environment for the employers, employees and labour unions has dramatically metamorphosed since 2007 when parliament enacted the Employment Act, Labour Institutions Act, Labour Relations Act, Occupational Safety & Health Act and Work Injury Benefits Act.