The Firm’s Anti-Bribery Policy is reproduced below. The Firm is committed to upholding the highest ethical standards in the provision of services to our clients.
It is our policy to conduct all of our business in an honest and ethical manner. We are committed to acting professionally, fairly and with integrity in all our dealings with public or private persons. We are also committed to implementing and enforcing effective systems to counter bribery.
Bribery is an offence in Kenya under the Bribery Act 2016 and the Anti-Corruption and Economic Crimes Act, 2003. The UK Bribery Act 2010 and the US Foreign Corrupt Practices Act also have implications on the conduct of employees of the firm. The Constitution of Kenya, 2010 expressly provides that “the general rules of international law shall form part of the law of Kenya.”
2. Who is covered by the policy?
This policy applies to all employees of the firm including both legal and non legal staff.
3. What is a bribe?
A bribe is a financial or other advantage offered or given to anyone to persuade them to perform or reward them for performing their duties improperly or to any public official with the intention of influencing the official in the performance of his/her duties. The firm is against bribery of any nature.
4. Gifts and hospitality
This policy does not prohibit giving and receiving promotional gifts of low value and normal and appropriate hospitality. However, in certain circumstances, gifts and hospitality may amount to bribery and all employees must consult with the Senior Partner, if in doubt. We will not provide gifts or hospitality with the intention of persuading anyone to act improperly or to influence a public official in the performance of his/her duties.
5. Facilitation payments and kickbacks
We do not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official. Kickbacks are typically payments made in return for a business favour or advantage. All employees must avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
We do not make contributions of any kind to political parties. No charitable or other donations will be made for the purpose of gaining any commercial advantage.
7. Record Keeping
7.1 We will keep financial records and have appropriate internal controls in place which will evidence the business reason for making any payments to third parties.
7.2 All expense claims relating to hospitality, gifts or expenses incurred to third parties must be submitted in accordance with our expenses policy and specifically record the reason for the expenditure.
7.3 All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, must be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments.
8. Raising Concerns
Employees are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. No employee will suffer any detriment as a result of raising genuine concerns about bribery, even if they turn out to be mistaken.
The effectiveness of and compliance with this policy will be regularly reviewed.