Regulatory & Compliance

Regulatory and compliance law is the practice of helping businesses navigate the complex web of licences, permits, standards, and regulatory obligations that apply to their operations in Kenya. In the post-2010 constitutional dispensation, regulation has expanded significantly, with new bodies established for data protection, competition, consumer protection, and environmental management, alongside sector-specific regulators for financial services, telecommunications, energy, health, and agriculture. For many businesses, regulatory compliance is not a back-office function but a board-level risk that can determine whether the business operates at all.

This area covers several cross-cutting areas. Data protection has become one of the most significant regulatory obligations for any business that processes personal data. Advocates advise on compliance with the Data Protection Act, 2019 and the regulations issued thereunder, including the registration with the Office of the Data Protection Commissioner, the conduct of data protection impact assessments, the drafting of privacy policies and data processing agreements, the management of data subject access requests, and the notification of data breaches. Advocates also advise on cross-border data transfers and the lawful use of employee and customer data.

Competition law is another core area. Advocates advise on the notification of mergers and acquisitions to the Competition Authority of Kenya, the management of dawn raids and investigations, and the defence against allegations of abuse of dominance, price-fixing, and other restrictive trade practices under the Competition Act, 2010. Advocates help businesses design and implement competition compliance programmes, and they advise trade associations on the lawful boundaries of information sharing and collective action.

Consumer protection is governed by the Consumer Protection Act, 2012, and they advise businesses on the fairness of their consumer contracts, the adequacy of their disclosure, the handling of consumer complaints, and the management of product recalls and safety notifications. Advocates also cover the regulatory aspects of advertising and marketing, including compliance with the Advertising Standards Body of Kenya and sector-specific advertising restrictions.

Environmental, social, and governance (ESG) compliance is a fast-growing area. Advocates advise on environmental impact assessments under the Environmental Management and Co-ordination Act, the management of hazardous waste, and compliance with the Climate Change Act, 2016. On the social dimension, they help businesses develop policies on labour rights, community engagement, and human rights due diligence, and they advise on the governance dimension — board composition, board diversity, and the management of related-party transactions.

Sector licensing is a practical necessity for many businesses. Advocates assist with the acquisition and renewal of licences from bodies such as the Communications Authority of Kenya, the Energy and Petroleum Regulatory Authority, the Pharmacy and Poisons Board, the Betting Control and Licensing Board, and county governments. Advocates handle licence applications, respond to queries and objections, and represent clients in licence revocation and enforcement proceedings.