How to conduct compliance checks in Kenya

How to conduct compliance checks in Kenya

At Capita Registrars Limited, we specialize in compliance audits, corporate governance, and legal advisory services to keep your business on the right track. How can we help your organization with compliance checks?

Essential Compliance Checks for Companies in Kenya

  1. Business Registration and Licensing
    Every company in Kenya must be appropriately registered with the Business Registration Service (BRS) and have the necessary licenses. Ensure you have a valid business permit from the county government and any sector-specific licenses required for your industry.
  2. Tax Compliance
    Companies must register for a Kenya Revenue Authority (KRA) PIN and comply with tax obligations, including VAT, PAYE, and corporate tax. Filing tax returns on time and ensuring accurate record-keeping is essential to avoid penalties.
  3. Employment and Labour Law Compliance
    Kenyan labor laws require employers to adhere to fair employment practices, minimum wage regulations, and statutory deductions such as NSSF and SHIF contributions. Proper employment contracts and workplace policies are crucial.
  4. Data Protection Compliance
    With the enactment of the Data Protection Act, businesses handling personal data must ensure compliance with data collection, processing, and storage laws to protect consumer information.
  5. Annual Returns Filing
    Companies registered in Kenya must file annual returns with the Registrar of Companies. This keeps your business records up to date and avoids penalties or deregistration.
  6. Corporate Governance and Director Duties
    Directors must ensure the company follows ethical and legal business practices, maintains financial transparency, and adheres to governance structures outlined in the Companies Act.
  7. Intellectual Property Protection
    Protecting trademarks, patents, and copyrights is essential for brand security. If your business has unique products, services, or creative works, register them with the Kenya Industrial Property Institute (KIPI).
  8. Environmental and Health Regulations
    Companies operating in manufacturing, construction, and other regulated industries must comply with the National Environmental Management Authority (NEMA) regulations and workplace safety standards.
  9. Anti-Money Laundering (AML) and Know Your Customer (KYC) Compliance
    Businesses, particularly in finance and fintech, must implement AML and KYC procedures to prevent financial fraud and money laundering activities as per the Proceeds of Crime and Anti-Money Laundering Act.

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