Legal Audit in Kenya

In Legal Audit we meet with companies, individual enterprises, partnerships, corporations, and other types of organizations to discuss strategic plans and objectives, review key documents and records, and analyze and identify current and their projected legal needs.

The legal audit also lays the groundwork for the establishment of an ongoing legal compliance and prevention program in order to ensure that the company’s goals, structure and ongoing operations are consistent with the latest developments in business and corporate law.

Finally, the legal audit helps managers identify the legal issues triggered by changes in strategies, goals or objectives and allows planning for the legal tasks that must be accomplished as a result of the issues identified.

Key issues that must be addressed include: choice and structure of the entity; recent acts of the board of directors and documentation (or lack thereof) relating to those decisions; protection of intellectual property; forms and methods of distribution and marketing; pending and threatened litigation; estate planning; insurance coverage; hiring and firing practices; employment agreements; securities law compliance; antitrust and related trade regulations; product liability and environmental law; and a review of sales and collection practices.

In general, we perform legal audits to reveal unknown business opportunities.  We also carry out investigations and specialized audits in litigation, labour and employment, intellectual property, environmental, regulatory, corporate, estate planning/asset protection, government contracts etc.

In providing legal audit services, we undertake to audit, review and assess the following areas;

 Contracts

We review the present contractual framework and arrangements entered into by the Organization to assess the compliance with the existing laws. The contractual agreements include but not limited to employment agreements; supply agreements; license agreements; service agreements; partnership agreements and arrangements; collective bargaining agreements; franchise/ acquisition agreements.

In undertaking the review of the current framework, we identify both strengths and weaknesses, point out at potential and existing conflicts of interest; advice on the performance of the contractual duties and recommend amendments.

 Intellectual Property

We also review and identify the existing Intellectual Property rights in the Organization. These include the policies protecting the rights and advising on the appropriate framework for registration and protection of the rights.

Several Intellectual Property rights that we identify include the copyrights, patents, trademarks, utility models and Industrial Design

Judicial and Arbitral Disputes

We identify and review the past and present disputes in courts and other judicial forums. We also identify the potential areas of dispute and advice on the prevention measures accordingly. This also involves recommending a proper system of dispute resolution and review of the current disciplinary framework to comply with the existing laws.

 Statutory law compliance

We review the records and structures of compliance with the NSSF, NHIF and tax law compliance regimes. We also advice on licensing procedures as required by the County Governments, environmental law compliance and competition and anti-trust laws.

Depending on the nature of business, we also review and advice on the compliance with the relevant law. This may include obtaining certificates such as Occupational Safety certificates; Insurance policies as may be required.

We offer an additional package of company secretarial audit which involves review of the Memorandum and Articles of Association of the company. We review compliance and verify on the debentures, charges and mortgages in the organizations name. This is all to ensure compliance with the Companies Act, or any other registration regime as may be appropriate.

Please email us on info@swkadvocates.com if you would like to conduct a legal audit of your company.