Privacy Policy

Mukiti Advocates LLP

Privacy Policy

Mukiti Advocates LLP (“we” or “us” or “Mukiti Advocates“) recognizes the importance of privacy and the sensitivity of personal information.  As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. 

We are committed to protecting any personal information we hold.  This privacy policy (“Privacy Policy“) outlines how we manage your personal information and safeguard your privacy.

Who We Are

Mukiti Advocates is a premier corporate commercial law firm based in Nairobi, Kenya. Our mission is to provide exceptional, timely and suited legal and tax solutions to our clients, that afford our clients a clear competitive edge in the marketplace.

We leverage our deep expertise and understanding of our clients’ businesses, the markets they operate in, and their unique legal needs to deliver solutions that are not only effective but also aligned with their strategic goals.

Our brand promise is “simple, dynamic, and dependable”.

Why Do We Need Personal Information

Mukiti Advocates provides legal services to a wide range of clients.  In doing so, we produce direct marketing materials concerning our services and developments in the law.

We may collect personal information in the course of our business, when you contact us or request information from us, when you engage our services or as a result of your relationship with one or more of our staff and clients.

When we require personal information from you in order to fulfil a statutory or contractual requirement, or where such information is necessary to enter into a contract or is otherwise an obligation, we will inform you and indicate the consequences of failing to do so.

What personal information do We collect?

Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information, we could not provide you or our clients with legal services.

How do we collect your personal information?

We collect information only by lawful and fair means, and not in an unreasonably intrusive way.  Wherever possible we collect your personal information directly from you, both at the start of a retainer and in the course of our representation, or if in the course of representing our clients and your personal information has a nexus to our client’s matter and is essential for our effective representation of our clients.

Sometimes we may obtain information about you from other sources, for example:

  1. your employees or your agents, including your advisors;
  • real estate agent in a property transaction;
  • from a government agency or registry;
  • your employer, if we are acting for you, at its request;
  • your accountant or auditor; or
  • your insurance company.  

Consent

In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information.  Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. 

Sometimes, your consent may be implied through your conduct with us.

Data Protection and Privacy

Mukiti Advocates respects your right to privacy and personal information. Our Privacy Policy is based on the Kenya Data Protection Act No. 24 of 2019 which is in line with the General Data Protection Regulations of the European Union (the GDPR).

Use of Your Information

We use your personal information to provide legal advice and services to you or our clients, to administer our client (time and billing) databases, and to include you in any direct marketing activities. 

If you tell us that you no longer wish to receive information about our services, or about new developments in the law, we will not send any further material.

We do not disclose your personal information to any third party to enable them to market their products and services.  For example, we do not provide our client mailing lists to other law firms or other service providers.

Disclosure of your Personal Information

Under certain circumstances, we will disclose your personal information. Specifically:

  1. when we are required or authorized by law to do so, for example if a court issues an order for us to disclose your personal information, or we are legally obligated to disclose your personal information, such as for the purposes of complying with anti-money laundering regulations and laws;
  • when you have consented to the disclosure; 
  • when the legal services we are providing to you or our clients (as the case may be) require us give your information to third parties (for example a lender in a real estate mortgage transaction) your consent will be implied, unless you tell us otherwise;
  • where it is necessary to establish or collect our fees;
  • if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy;
  • if we engage expert witnesses on your behalf;
  • if we retain other law firms, contractors, or other service providers on your matter, at your request, or when it is expedient for us to effectively provide legal services to our clients, and on our client’s behalf; and
  • if the information is publicly available personal information.

Updating Your Information

Since we use your personal information to provide legal services to you or in the course of providing legal services to our clients, it is important that the information be accurate and up-to-date. If at any point, whether during the course of the retainer or otherwise, any of your information changes, please inform us so that we can make any necessary changes.

Is My Personal Information Secure?

We take all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure.  Among the steps taken to protect your information are:

  1. premises security;
  • restricted file access to personal information;
  • deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
  • internal password and security policies.

Access to Your Personal Information

You may ask for access to any personal information we hold about you. Summary information is available on request.  More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.

Correcting Errors

If we hold information about you and you can establish that it is not accurate, complete and up-to-date, we will take reasonable steps to correct it.

Can I be denied access to my Personal Information? 

Your rights to access your personal information are not absolute.  We may deny access when:

  1. it is required or authorized by law (for example, when a record containing personal information about you is protected by client-attorney privilege);
  • to do so would reveal confidential commercial information, and the personal information cannot be severed from the record;
  • to do so could reasonably be expected to threaten the life or security of another individual, and the personal information cannot be severed from the record; or
  • the information was generated in the course of a formal dispute resolution process.

If we deny your request for access to, or refuse a request to correct information, we shall explain why. 

Can I request anonymity?

Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website). 

Changes to this Privacy Policy

Since we regularly review all of our policies and procedures, we may change our Privacy Policy from time to time. We urge that you keep updated on our Privacy Policy as appropriate during your engagements with us.

Employment Inquiries

If you apply to Mukiti Advocates for a job, internship, attachment, pupillage, apprenticeship, or any form of understudy engagement, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. 

If we offer you a job, an internship, pupillage opportunity, or any other form of apprenticeship or understudy arrangement, which you accept, the information will be retained in accordance with our privacy procedures for employee records.

Requests for Access

If you have any questions, or wish to access your personal information, please write to our Privacy Contact at info@mukitiadvocates.co.ke.   

Website

Our website, (www.mukitiadvocates.co.ke) may contain links to other sites, which are not governed by this privacy policy. We are not responsible for the content of any such sites, make no representations regarding any such sites, and do not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such third-party sites.

On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. 

We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.