JMK Partners Advocate

Legal Audit and Compliance

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 framework in place at the time. JMK has qualified and trained legal auditors who undertake legal audit services for our clients. 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 compliance services entail:

a) Legal Compliance Audit; we interrogate the organisational structure and governance of the entity; compliance with data protections laws; protection of intellectual property; pending or threatening litigation; insurance coverage; hiring and firing practices; compliance with accounting & finance corporate regulations; tax compliance review; review of laws/policies applicable to the operations of the organization; employment agreements as well as a review of sales and marketing practices among other operations of the entity. Additionally, we understand the complexities and regulatory requirements of various regulatory bodies in Kenya and we assist our clients navigate the regulatory arena through advisories and also assist them obtain the necessary licenses, permits and approvals from these bodies to ensure compliance.

b) The Firm offers Legal Training Services to corporate firms, government institutions and non-governmental institutions. The Firm has established the Compliance and Training Division, which provides specialized training for the various clients and develops compliance manuals to ensure they are fully compliant with applicable laws.

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

• The Firm has audited China Telecom (Kenya) Limited, a subsidiary of China Telecom Global Limited and an entity within the telecommunciation industry on its compliance with the data protection laws. 

• 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 Bestlady Cosmetics Shop Limited a leading cosmetics retailer, together with its 5 related companies and advised on compliance and risk. 

• The Firm audited 7 affiliated Companies for a client to ensure that they were fully and legally compliant.

• The Firm audited Airo’s Investments Limited a Kenyan based 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 met thresholds of legal status and compliance to validly enter into legal relations