Legal Notices, Privacy Policy & Disclaimer

Legal Notices.

1.1 About Clay & Associates Advocates

1. Clay & Associates Advocates is a law firm registered and practising in Kenya under the Advocates Act (Cap 16 of the Laws of Kenya). The firm’s principal office is located at Nextgen Mall, Mombasa Road, 5th Floor, Suite 6, P.O. Box 38811-00100, Nairobi, Kenya.
2. The managing partner is Clay Odari, an advocate of the High Court of Kenya.
3. The firm holds professional indemnity insurance cover of KES 15,000,000.

1.2 Regulatory Information

1. All advocates at Clay & Associates Advocates are admitted to practise before the High Court of Kenya and hold current practising certificates issued by the Law Society of Kenya. Clients may request confirmation of this status at any time during our engagement.
2. The firm is subject to the professional conduct rules of the Law Society of Kenya and the Advocates Act (Cap 16). Please ask us for a copy of our complaints policy, or refer to your Letter of Engagement.
3. Clay & Associates Advocates is registered with the Office of the Data Protection Commissioner (ODPC) as a data controller under the Data Protection Act, 2019. [Registration status to be confirmed against the firm’s current ODPC certificate and this clause updated with the registration number once confirmed.]
4. Clay & Associates Advocates is a designated non-financial business or profession (DNFBP) under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and a Reporting Institution to the Financial Reporting Centre.

Website Terms, IP & Third-Party Links.

2.1 Website Disclaimer

1. The information on this website is provided for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. It may not reflect the most current legal developments and is subject to change without notice.
2. No advocate-client relationship is created by your use of this website or by any communication through it, until a formal Letter of Engagement has been signed by both parties. Sending an enquiry through our contact form, by email, or by any other means does not create an advocate-client relationship.
3. The outcome of any legal matter depends on its specific facts and circumstances. Nothing on this website should be construed as a guarantee or prediction of any particular outcome.

2.2 Intellectual Property

1. All content on this website, including text, graphics, logos, images, and software, is the property of Clay & Associates Advocates or its content providers and is protected by the Copyright Act No. 12 of 2001 and applicable international copyright law.
2. The Clay & Associates Advocates name, logo, and the tagline “Your Business, Our Solutions” are trademarks of Clay & Associates Advocates. Unauthorised use of any trademark displayed on this website is prohibited.
3. You may view, download, and print pages from this website for personal, non-commercial use, provided you do not modify the content and retain all copyright and proprietary notices.

2.3 Links to Third-Party Websites

1. This website may contain links to third-party websites. These links are provided for convenience only and do not signify endorsement of the linked website or its content. Clay & Associates Advocates has no control over linked websites and accepts no responsibility for them.

Privacy Policy.

This Privacy Policy explains how Clay & Associates Advocates collects, uses, discloses, and protects personal data, in compliance with the Data Protection Act, 2019 (the “DPA”) and the Data Protection (General) Regulations, 2021. It applies to personal data we collect through this website and in the course of client engagements. It does not limit any separate confidentiality obligation we owe you under your Letter of Engagement or advocate-client privilege.

3.1 Information We Collect

1. Information you give us directly: your name, email address, telephone number, and the content of any message, when you use our contact form, email us, call us, or use the website’s chat widget.
2. Information collected automatically: your IP address, browser and device type, pages visited, and time spent on the site, collected through Google Analytics and similar tools operated via Google Site Kit.
3. Information you provide once you instruct us: identification documents, contact and financial details, and matter-specific information, collected under your Letter of Engagement and our client due diligence obligations under POCAMLA. This information is governed primarily by that engagement, not by your general use of the website.

3.2 How We Use Your Information

1. To respond to enquiries and correspond with prospective and existing clients.
2. To provide legal services under a Letter of Engagement, including conflict checks, client due diligence, and matter administration.
3. To comply with legal and regulatory obligations, including under POCAMLA, the Advocates Act, and tax legislation.
4. To maintain, secure, and improve this website, and to understand how it is used.
5. To send updates on legal developments or firm news, only where you have opted in, and always with an option to unsubscribe.

3.3 Legal Basis for Processing

We process personal data on one or more of the following bases under the DPA: your consent (for example, subscribing to updates); the necessity of processing to perform or enter into a contract with you (for example, a Letter of Engagement); compliance with a legal obligation (for example, POCAMLA client due diligence, or a court order); and our legitimate interests in operating and securing this website and our practice, balanced against your rights.

3.4 Sharing Your Information

1. We do not sell personal data. We share it only where necessary, with: service providers who support our operations (for example, our practice management, email, and cloud storage providers); regulators, courts, and authorities where required by law (including the Financial Reporting Centre under POCAMLA, and the ODPC); and professional advisors bound by confidentiality (for example, co-counsel, correspondent firms, or auditors), where relevant to your matter.
2. Any third party processing personal data on our behalf is required to apply data protection measures consistent with the DPA.

Your Data Protection Rights.

3.5 International Transfers

Some of our service providers store or process data outside Kenya. Where this occurs, we take reasonable steps to ensure the recipient offers an adequate level of data protection, whether by contractual safeguard, the recipient’s own regulatory framework, or another mechanism recognised under the DPA, before any such transfer takes place.

3.6 Data Retention

Website enquiry data that does not result in an engagement is retained only as long as needed to respond to your enquiry and for a reasonable follow-up period, after which it is deleted. Client and matter records are retained for not less than seven (7) years from the conclusion of the matter, consistent with the general limitation periods under the Limitation of Actions Act (Cap 22), or for such longer period as required by law, regulation, or the nature of the matter (for example, matters involving minors or ongoing obligations).

3.7 Your Rights as a Data Subject

Under the DPA, you have the following rights in relation to your personal data. To exercise any of these, contact us using the details in the Contact & Complaints section below.

3.8 Cookies

This website uses cookies to support essential site functions, to measure traffic and usage through Google Analytics, and to operate the live chat widget. You can control or disable cookies through your browser settings; doing so may affect how parts of the site function.

3.9 Data Security

We apply administrative, technical, and physical safeguards designed to protect personal data against unauthorised access, alteration, disclosure, or destruction, including access controls, encrypted connections, and staff confidentiality obligations. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

3.10 Children’s Privacy

This website is not directed at children, and we do not knowingly collect personal data from children through it.

3.11 Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or in the law. The date at the foot of this page shows when it was last revised.

Disclaimer.

4.1 Limitation of Liability

1. To the fullest extent permitted by law, Clay & Associates Advocates excludes all liability arising from your use of this website, including any direct, indirect, incidental, special, or consequential damages arising from reliance on information on this website, inability to access or use the website, or any error or omission in its content.
2. This limitation does not apply to any liability that cannot be excluded or limited under Kenyan law.

4.2 Professional Liability

1. Clay & Associates Advocates maintains professional indemnity insurance in accordance with the requirements of the Law Society of Kenya. Our liability to you for the provision of legal services is governed by the terms of our Letter of Engagement and applicable law, not by this website notice.

4.3 Governing Law

1. This website and these legal notices are governed by and construed in accordance with the laws of Kenya. Any dispute arising from your use of this website is subject to the exclusive jurisdiction of the courts of Kenya.