Anti-Money Laundering, Counter Financing of Terrorism (AML/CFT) & Know Your Client (KYC) Notice
At Gitari N. Law Advocates (“the Firm”, “we”, “our”, or “us”), integrity, professionalism, and compliance are at the core of our legal practice. As officers of the Court and trusted legal advisers, we are committed to maintaining the highest ethical standards while complying with all applicable laws designed to prevent money laundering, terrorism financing, proliferation financing, fraud, corruption, and other financial crimes.
In accordance with the Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA), the Prevention of Terrorism Act, 2012, the Proceeds of Crime and Anti-Money Laundering Regulations, the Law Society of Kenya Anti-Money Laundering and Counter Financing of Terrorism Guidelines, the Advocates Act, and other applicable laws and regulatory requirements, the Firm has implemented robust Anti-Money Laundering (AML), Counter Financing of Terrorism (CFT), and Know Your Client (KYC) procedures.
Our Commitment
We are committed to conducting our practice with integrity, transparency, and accountability. Every client engagement is subject to appropriate due diligence measures designed to verify identity, assess potential risks, and ensure that our legal services are not used to facilitate money laundering, terrorism financing, sanctions evasion, fraud, or any other unlawful activity.
These measures form part of our professional obligations and apply to all clients, irrespective of the nature or value of the legal services requested.
Know Your Client (KYC) Requirements
Before accepting instructions or continuing to act in certain matters, we are required to obtain sufficient information to verify the identity of our clients and, where applicable, the individuals acting on their behalf.
Depending on the nature of the engagement, we may request documentation and information including, but not limited to:
- A valid national identity card, passport, or other government-issued identification.
- KRA PIN Certificate.
- Proof of residential or business address.
- Recent passport-size photograph, where appropriate.
- Contact information, including telephone number and email address.
- Occupation or nature of business.
- Source of funds and, where necessary, source of wealth.
- Bank account details relevant to the transaction.
- Information relating to the purpose and intended nature of the engagement.
Where we act for companies, partnerships, trusts, charities, or other legal entities, we may also require:
- Certificate of Incorporation or Registration.
- Company CR12 or equivalent company registry records.
- Constitutional documents.
- Board resolutions or letters of authority.
- Details of directors, partners, trustees, or authorized representatives.
- Identification documents for authorized signatories.
- Beneficial ownership information.
- Organizational ownership structures and control information.
Additional documentation may be requested where required by law or where enhanced due diligence is considered necessary.
Ongoing Due Diligence
Our obligations do not end once a client relationship has been established. We are required to maintain ongoing due diligence throughout the course of our engagement, including reviewing client information periodically and requesting updated documentation where necessary.
We may also monitor transactions and instructions to ensure that they remain consistent with the information provided to us and with the nature of our professional engagement.
Enhanced Due Diligence
Certain matters may present a higher level of regulatory or financial crime risk. In such cases, we may be required to undertake enhanced due diligence measures before accepting or continuing an engagement.
Enhanced due diligence may be required where a client is a Politically Exposed Person (PEP), where complex or unusually large transactions are involved, where there are cross-border elements, where ownership structures are unusually complex, or where other risk indicators are identified through our internal risk assessment procedures.
Source of Funds and Source of Wealth
Where required by law or where the circumstances of a transaction warrant further verification, we may request evidence regarding the source of funds used in a transaction and, where appropriate, the client’s source of wealth.
This information assists the Firm in meeting its statutory obligations and protecting both our clients and the integrity of the financial system.
Regulatory Reporting Obligations
Our professional obligations may require us to report certain transactions or activities to the relevant regulatory or law enforcement authorities where required by applicable law.
Where such reporting obligations arise, the Firm will comply with its legal responsibilities. In circumstances where the law prohibits disclosure, we may not be permitted to inform the client that a report has been made or that an investigation is being undertaken.
Failure to Provide Information
Our ability to provide legal services depends upon our ability to comply with applicable AML/CFT and KYC requirements.
If requested information or documentation is not provided, or if we are unable to satisfactorily verify a client’s identity or assess the risks associated with a proposed engagement, we may be unable to establish or continue an advocate–client relationship. In such circumstances, we reserve the right to decline instructions, suspend work, or terminate our engagement where permitted by law and our professional obligations.
Confidentiality and Data Protection
Information collected for AML/CFT and KYC purposes is treated as confidential and is processed in accordance with the Data Protection Act, 2019, our Privacy Policy, and our professional duties of confidentiality.
Such information is used solely for legitimate legal, regulatory, and compliance purposes and is disclosed only where authorized by law, required by a competent court, or necessary to comply with statutory obligations.
Our Shared Responsibility
Compliance with AML/CFT laws is a shared responsibility between the Firm and our clients. By cooperating with our verification procedures and promptly providing accurate information when requested, clients help us maintain the integrity of our practice and contribute to the broader effort to combat financial crime.
We appreciate your cooperation and understanding as we fulfil our professional and legal obligations.
