It is often hard to keep up with all existing laws as well as the changes in law, and yet the fact still looms that “ignorance of the law is no defence”. It is therefore necessary for every organization to conduct regular health checks/audits to ensure that their business dealings are compliant with the legal and regulatory framework in place at the time.

JMK has qualified and trained legal auditors who undertake legal audit services. The managing partner Ms. Jane Makena has trained and obtained the necessary certification as legal auditor. Ann Nkatha who is a partner in the Firm is a Certified Public Secretary (CPS-K) and a Certified Public Accountant (CPA-K) with accounting and auditing skills which enable the firm to offer top notch governance and general legal audit services to its clients.

The scope of our legal audit and regulatory compliance services entail:

The scope of our legal audit and regulatory compliance services entail:

  1. Legal Compliance Audit: we interrogate the organizational structure and governance of the entity; compliance with data protections laws; protection of intellectual property; pending or threatening litigation; insurance coverage; employment practices; compliance with accounting & finance corporate regulations; tax compliance review; review of laws/policies applicable to the operations of the organization; as well as the review of material contracts. 
  2. Regulatory Compliance: we understand the complexities and regulatory requirements of various regulatory bodies in Kenya. We assist our clients in various industries including the finance & fintech, mining, construction, energy, telecommunication, insurance and not-for-profit clients to navigate the regulatory arena by offering compliance advisories. We also assist the clients in the obtaining of the necessary licenses, permits and approvals from the regulatory bodies. 
  3. The Firm has established the Compliance Training Division, which provides specialized training to various clients including corporate firms, government institutions and non-governmental institutions. The Firm also develops compliance manuals to ensure that the clients are fully compliant with applicable laws.

Some notable transactions that the Firm has undertaken in this area of practice include:

  • The Firm has acted for China Telecom (Africa and Middle East) Limited in legal audit on Data Protection Compliance.
  • The Firm has acted for Helen Keller International in audit of its legal and governance structure, compliance with employment laws, compliance with data protection laws, and other applicable laws and regulations in general.
  • The Firm audited a leading cosmetics retailer, together with its 5 related companies and advised on compliance and risk.
  • The Firm audited a leading cosmetics manufacturer and advised on compliance gaps and risks.
  • The Firm has trained several of its corporate clients on Corporate Governance to ensure that they meet thresholds of legal status and compliance to validly enter into legal relations.
  • The Firm offered regulatory compliance advisory to a client setting up within the Special Economic Zone (SEZ) and assisted in obtaining the licences under the Special Economic Zones Act and the Environmental Management and Co-ordination Act. 
  • The Firm offered regulatory compliance advisory and developed a compliance manual in regard to compliance with the Microfinance Act and its subsidiary legislations, Data Protection Act and its subsidiary legislations, Consumer Protection Act, Proceeds of Crime and Anti-Money Laundering Act and its subsidiary legislations to a client intending to acquire a Micro Finance Bank. 
  • The Firm offered regulatory compliance advisory to a betting company intending to set up in Kenya in regard to compliance with the Betting, Lotteries and Gaming Act and its subsidiary legislation, Trademarks Act and Trademarks Rules, Data Protection Act and its subsidiary legislations, Consumer Protection Act, Proceeds of Crime and Anti-money Laundering Act and its subsidiary legislation and Computer Misuse and Cyber Crimes Act together with its regulations, that is the Computer Misuse and Cybercrime Regulations, 2024.