Code of Ethics

WHO ARE WE?

O&M Law LLP (the Firm or O&M Law) is a bourgeoning legal enterprise buttressed upon excellence, professionalism and enthusiasm. We constantly strive to promote dynamism, innovation and efficiency among our employees while cultivating a culture of honesty and integrity. We are cognizant that our ranking as a Firm is based on the quality and efficiency of our output and the realization of the importance of collective responsibility of all our team members. As we journey towards becoming the premier law firm in the region, we continue to streamline our services to ensure that our clients receive the best legal representation while maintaining a strict code of ethics. Consequently, we consider it vital for each and every one of the O&M Law’s Clients, Employees and Service Providers to be aware of what we consider to be our core values as set out in this Code of Ethics.

OUR CODE OF ETHICS

We believe that our Code of Ethics provides a benchmark that enables us to operate with a unity of purpose while allowing us to align our working culture with the operational vision and mission of the Firm. It is therefore critical that all the players in our eco system appreciate that a breach of the values and principles set out in our Code of Ethics may lead to the termination of our engagement; whether as a Client, Employee or Service Provider. Accordingly each Client, Employee or Service Provider should:

• Carefully read and understand the core values set out in our Code of Ethics;
• Seek immediate assistance from his or her direct approving Partner ( in the case of Employees) or contact person when he or she has any concern or question about the application of the Code of Ethics; and
• Actively promote efficient and relevant application of the Code of Ethics in all dealings with the Firm.

OUR FIVE CORE VALUES

1. Professional Excellence:

• We endeavor to deliver strategic and objectively researched legal solutions to our assorted clientele;
• We collaborate with numerous partners, locally and internationally, to offer custom-made professional legal products;
• We validate loyalty in our clients by delivering timely and skilled service;
• We aim to respond to all our client’s queries within 24 hours;
• We are keen on business development through successful online branding visibility practices and personalized interactions with our regulars;
• We apply local and international professional standards in all transactions; and
• We align our Employees towards innovative excellence by conducting regular trainings, promoting hard work and access to information.

2. Integrity and Dependability:

• We mean what we say and do what we promise…expeditiously;
• We act dutifully and honestly within defined contractual parameters;
• We are trustworthy, reliable and handle all matters confidentially;
• We see through tasks to completion and within company policies;
• We seek to be candid with our clients and provide apt updates; and
• We honour the LSK practice guidelines, the national law and international legal provisions.

3. Leadership:

• We cultivate a proactive sense of responsibility for all actions taken;
• We are driven to develop a legacy that will stand for centuries to come;
• We inspire courageous and considered risk-taking among our Clients, Employees and Service Providers so as to explore new frontiers;
• We encourage a culture of learning from mistakes so as to cement the knowledge process of our stakeholders;
• We promote autonomy in handling briefs among our Employees; and
• We invite all our Clients, Employees and Service Providers to directly participate in business development and in the decision-making processes of the firm.

4. Respect and Teamwork:

• We uphold human dignity in all our interactions;
• We consider the impact of our decisions and actions on others;
• We are our brothers’ keepers;
• We value feedback from all establishments and welcome recommendations from our stakeholders;
• We promote personal advancement in our staff and consequently give relevant performance reviews, allow for open dialogue and encourage team buildings;
• We support and respect our competitors; and
• We recognize diversity as a strength and do not discriminate anyone on the basis of nationality, ethnic origin, age and sex, religious or political beliefs.

5. Social Responsibility:

• We are keen to develop the environment and communities in which we work and live in;
• We take strides in impacting the less fortunate through various social initiatives;
• We strike a balance between profitable economics for the firm and the establishment of healthy eco-systems around us; and
• We interact with others at a personal level to encourage responsible community living.

OUR KEY APPLICABLE PRINCIPLES

1. Meticulous compliance with our Code of Ethics will be applicable to all of O&M Law’s Clients, Employees and Service Providers.
2. In matters that are not subject to specific laws, the governing principles shall be transparency, honesty and fairness. All Clients, Employees and Service Providers are encouraged to examine each situation within these parameters. Therefore, no Client, Employee and Service Provider may act in a manner which infringes our values, principles and Code of Ethics on the grounds that it is in the interests of O&M Law LLP to do so.
3. Our principles are in line with the laws and regulations of the Republic of Kenya and it is therefore the personal responsibility of each O&M Law LLP Client, Employee and Service Provider to comply with these fully, as read with the laws and regulations of the countries in which he or she performs a service. However, in a situation where abiding by the Code of Ethics or its principles and rules of application leads to infringement of local laws and regulations, then the latter shall prevail.
4. O&M law LLP is fully committed to fighting all forms of bribery and corruption within the Republic of Kenya and in the other countries in which it operates. Consequently, no O&M law LLP Client, Employee and Service Provider shall promise, offer or pay, whether directly or indirectly, any bribe to any person in order to procure orders or obtain any other benefit for O&M Law LLP. No stakeholder of O&M Law LLP shall in the course of his or her duties, solicit or accept, whether directly or indirectly, any bribe from any person.
5. It is thus a violation of O&M Law LLP’s values to make a promise, offer, solicitation, payment or acceptance of any bribe. This may lead to criminal charges being meted out against the said Client, Employee and Service Provider and possible termination of engagement.

OUR KEY APPLICABLE RULES

1.Reliability of services: We must at all times practice professionalism, transparency, independence and impartiality while guarding against compromise in all our dealings. O&M Law LLP Clients, Employees and Service Providers must endeavor to report data correctly and manage all material facts in good faith. As a result, our reports, test results and certificates must accurately state the actual findings, professional opinion or results obtained through processes that are ethical. 2. Integrity of information relayed: Each O&M Law LLP Client, Employee and Service Provider is personally responsible for all the information that he or she provides and for all the documents that he or she produces, such as, but not limited to reports, test results and certificates. One must therefore ensure that all relayed information is reliable, truthful and complete.

Relevance of the Code:

This Code of Ethics widely applies to all information and documents in respect of human resources, finance, legal, tax and those submitted to governmental or regulatory authorities. 1. Integrity of financial and accounting documents: O&M Law’s Clients, Employees and Service Providers must ensure that all financial and accounting data is duly recorded in the books of account. There must be no fraudulent or erroneous reporting of data and all entries must be justified by the appropriate item of proof and delivered in good faith. Furthermore, all documents must be stored in accordance with the applicable laws and O&M Law’s policies. 2. Internal control of financial and accounting information: All Employees must liaise with the Administration Team to familiarize themselves with the available internal control objectives that promote quality and reliable supply of financial and accounting information. 3. Fighting bribery and corruption: Our anti-bribery and anti-corruption policies and procedures ensure that:

• We are cognizant that soliciting, accepting or giving a bribe, directly or indirectly, is a breach of our Code of Ethics; and
• We maintain accurate books and records which document all financial transactions in the firm.

Actions that violate O&M Law’s anti-bribery and anti-corruption policies and any other applicable laws may constitute a criminal offence and as such all Clients, Employees and Service Providers must strictly comply with these policies and all applicable laws. 4. Dealing with Clients and Service Providers: Through our anti-bribery and anti-corruption policies and procedures:

• We monitor the selection and the ethical behavior of our Clients, Employees and Service Providers;
• We require that our Clients and Service Providers comply strictly with the national anti-bribery and anti-corruption laws and regulations that seek to ensure that improper payments are not channeled through them; and
• We conduct our procurement practices in a fair and transparent manner

. 5. Conflicts of interest: A conflict of interest is a situation in which O&M Law’s interests differ from the personal interests of close family members or of persons with whom we are involved in a personal or business relationship. These situations should be avoided at all costs as they may influence our judgment adversely and hamper independence. Our Clients, Employees and Service Providers are encouraged to report all instances that may create a conflict of interest to the Partner in charge or the Senior Associate involved. This will be regulated through various mechanisms such as: outright prohibition of acts in certain cases, prior verification of potential interests, notification and/or authorization of action in other cases. Examples of situations which must be regulated:

• Where one has directly or indirectly solicited for personal gain that has been extended to them by virtue of being an O&M Law LLP Client, Employee or Service Provider;
• Where goods or resources of the company have been used by a Client, Employee or Service Provider for personal use.

6. Respect to Competitors: When drafting commercial documents, we must promote the strengths of O&M Law LLP rather than highlight the shortcomings or failings of our competitors. We must not intentionally belittle, libel or slander our competitors when discussing with clients, nor commit ourselves to providing a service which we are unable to supply. Dignity and respect must be maintained at all times and credit given when it is duly due. 7. Observance of confidentiality rules: At the forefront of our practice is protection of all confidential information received in the course of the provision of our services and subject to authorized releases or disclosures. This obligation extends to after any relevant stakeholder has left the job. Everyone should ensure that the protection of such confidential information is secured by implementing locally adequate security measures, ensuring that access is restricted to authorized persons only, that the documents are stored in designated secure areas and disposed of in a secured manner. All of O&M Law’s intellectual property rights and trademarks that are governed by non-disclosure agreements must be treated with utmost confidentiality. All disclosure or use of technical, commercial and financial information, software, methodologies, trade secrets, databases, know-how developed or acquired by O&M Law, must be restricted to permitted professional purposes, to the exclusion of personal purposes and should be shared with or given to authorized personnel only. 8. Insider Trading rules: We define “Inside Information” as any information of a precise nature that has not been made public, relating directly or indirectly to O&M Law and which, if it were made public, would be likely to have a significant effect on the contracts and quotations of O&M Law. All our activities and information regarding the activities being undertaken within O&M Law LLP must be kept strictly confidential, away from the public and must only be disclosed to people qualified to receive it. 9. Media Communication: Any media agent/house seeking information about O&M Law should be directed to the Partners.

IMPLEMENTATION OF THE CODE OF ETHICS

The following documentation shall apply to all of O&M Law’s Clients, Employees or Service Providers:

• This Code of Ethics;
• All corresponding O&M Law internal procedures, notably the anti-bribery and anti-corruption policies and procedures (the “Manual”); and
• Any other internal local or technical rules relating to matters of ethics.

Scope of implementation:

The Code of Ethics applies to every O&M Law Client, Employee or Service Provider and as such every relevant party must adhere to this Code of Ethics in all their dealings carried out with or on behalf of O&M Law. This information must therefore be availed to all involved parties so that they are satisfactorily conversant.

Annual Evaluation of Employees:

Compliance with the principles and rules prescribed in the Code of Ethics is included in the annual evaluation of each O&M Law Employee and each Employee shall therefore have the opportunity to provide input on the development of the Code of Ethics at these performance evaluations, staff training sessions and review meetings. If an O&M Law Employee believes in good faith that a rule or one of the principles laid down in the Code of Ethics or in the Manual has been or is about to be violated, he or she should inform his or her superior or the Managing Partner of the firm. All Employees that breach this Code of Ethics will be subject to disciplinary measures which may include termination of his or her contract of engagement. In all cases, the violator shall have the right to be heard and to defend himself or herself before a disciplinary measure is imposed. Consequently, a personal declaration of Compliance with the Code of Ethics has been added in the Performance Review. The Human Resource Manager shall prepare Compliance reports in accordance with O&M Law LLP’s internal procedures. For any questions or concerns regarding implementation or interpretation of the Code of Ethics, any Client, Employee or Service Provider is free to contact the Human Resource Partner at maureen@omlaw.co.ke All queries, complaints or comments will be handled with confidentiality and anonymity as far as it is reasonably practicable

Guiding Questions:

The following questions should be deliberated upon when considering ethical matters:

• Do I conform to the spirit and the letter of the law applicable to this decision?
• Do my actions conform to O&M Law’s values, principles and rules?
• Would I be happy to find that my decisions and actions were reported in the press?
• Would my family, friends or colleagues be impressed by my decisions or actions?
• What are the direct or indirect consequences of my actions to O&M Law?
• Is there an alternative direction I could take?
• What principles have I violated?

Once these questions are answered conclusively, one will be able to discuss the problem further with the contacts aforementioned. If uncertain about what do next, then:

• Pause for a moment;
• Consult the applicable documentation; and
• If necessary, consult with the Managing Partner or the Senior Associate.

The Beginning...

O&M Law is a full-service Law Firm providing a comprehensive range of legal services and solutions for domestic and international clients. Led by Patrick Ogola and Maureen Mujera, who are described as the epitome of excellence in legal service, the team works together in an integrated, cohesive and harmonious style with each member drawing from a unique set of talents so as to provide the full and wide range of service capabilities our clients need.

Our Partners have practiced in Kenya for over 10 years and have acquired a wealth of knowledge and experience while acting on many notable matters and transactions. Along the way they have developed a reputation for offering professional, efficient and cost effective legal services. Working alongside our Partners is an eclectic, experienced and energetic team of advocates, paralegals and support staff each of whom has in-depth knowledge of the different aspects that make up a modern legal practice and consistently exhibit the aptitude and flexibility needed to serve our clients more efficiently.