Client’s Responsibilities

In relation to all work which we carry out for our client, it is his/her responsibility to provide us with complete, accurate and timely information where we have requested this and to carry out any other obligations ascribed to them or others under their control.

We are not responsible for any consequences which may arise from any delay or failure by a client to do so and these may also result in additional fees if further work is required by us as a result.

The client remains responsible for any decisions made and regard must be had to the restrictions on the scope of our work and to the large number of other factors, commercial and otherwise, of which the client is or should be aware by means other than our work.

We normally do not seek to verify or check any information provided to us by a client or by others on a client’s behalf. The client acknowledges that we will be entitled to rely on such information when providing our services.

Storage of papers and documents

We are entitled to exercise a lien over papers and documents for pending costs, but which remedy we only rely upon if all negotiation and amicable resolution fails. We will keep our file of papers for at least six years after the date of the final bill, as required by law, and any longer period is simply driven by courtesy and prudence.

We will not destroy documents that a client asks us to deposit in safe custody. Where we receive on behalf of the client share certificates or other documents evidencing title to investments or other valuable documents, we will retain these in safe custody unless such client direct us otherwise.

Termination

A client may terminate instructions to us in writing at any time, but we will be entitled to keep all your papers and documents while there is money owing to us for charges and expenses.

We may decide to stop acting for a client only with good reason, for example, if they should fail to pay a bill or comply with our request for a payment on account, or if the client cannot or does not afford us clear or proper instructions on how we are to proceed, or if it is clear to us that the client has lost confidence in how we are carrying out their work. Even in such circumstances, we endeavor to give a reasonable notice of the intent to stop acting for a client.

In the event of termination by either party, the client must pay our costs as set out earlier.

Complaints

If clients have any problem with the service we have provided, then we request them to alert us. We undertake to try to resolve any problem quickly and operate an internal complaints handling system to help us to resolve the problem between ourselves. If for any reason we are unable to resolve the problem between us, then we are regulated by the Law Society which also provides complaints and redress scheme, details of which will be provided to you upon request.

Client Money

The Law Society has specific rules covering the way in which we handle client money and these are detailed and strict. We cannot usually pay out any money on a client’s behalf until we are in possession of cleared funds. We must therefore receive any cheques at least seven days before any money is to be paid out on behalf of a client. Similarly, if we receive any cheques for a client, these have to be cleared through our Bank before we can pay the client.

Information and Confidentiality

We confirm that where a client gives us confidential information, we shall keep it confidential at all times unless the law requires otherwise. Such information may also be protected by legal professional privilege in certain circumstances.

Any letters, documents, information or advice which we provide to a client during the course of our engagement is given in confidence solely for the purpose of this engagement and is provided on condition that it is not disclosed or made available to

any third parties (being persons other than those to whom it is addressed) unless otherwise agreed by us.

Unless otherwise directed by a client we may correspond by e-mail or other electronic media. When we do so, whilst we take reasonable steps to safeguard the security and confidentiality of the information transmitted, the client acknowledges that we cannot guarantee its security and confidentiality because the Internet is an inherently insecure medium; messages may pass through the hands of unregulated service providers, the networks used by the Internet are vulnerable to hacking and governments can undertake interception on a substantial scale. If a client would like us to correspond with them by encrypted e-mail, this can be discussed and arranged on request.

Governing Law

These terms and conditions of business shall be governed by and construed in accordance with the laws of Kenya and any dispute arising out of this engagement will be subject to the exclusive jurisdiction of the Kenyan Courts.