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Compliance Audits. Privacy Policies. ODPC Representation. Data Breach Response.
Kenya's Data Protection Act 2019 imposes strict obligations on every organisation that collects, stores or processes personal data — with penalties of up to KES 5 million or 1% of annual turnover for non-compliance. F.M. Muteti & Co. Advocates are Kenya's trusted data protection lawyers — handling compliance audits, privacy policies, ODPC representation and data breach response. 20+ years. 1,110+ Google reviews. Two offices.
Speak to our data protection lawyers today. We'll assess your compliance status and build the policies, frameworks and registrations you need to stay on the right side of the law.
📋 Book Your Consultation → 📞 Call Now: +254 769 554 444 WhatsApp Us Directly🔒 Attorney-client privilege applies from first contact.
The Kenya Data Protection Act 2019 is fully enforced. The Office of the Data Protection Commissioner is actively investigating complaints, issuing enforcement notices and imposing fines. If your business handles personal data, compliance isn't optional.
The ODPC has the power to impose administrative penalties of up to KES 5 million or 1% of your annual turnover — whichever is higher. Criminal penalties include fines up to KES 3 million and imprisonment of up to 10 years for serious violations. These are not theoretical — enforcement cases are active and growing.
A data breach triggers mandatory notification obligations to the ODPC and affected individuals within 72 hours. Failure to notify — or to have a breach response plan in place — compounds the penalties and destroys customer trust. Businesses without proper data protection frameworks are exposed on multiple fronts.
Any data subject can file a complaint with the ODPC. Once an investigation is opened, your organisation must produce evidence of compliance — privacy policies, consent mechanisms, data processing agreements and audit trails. Without these in place, you face enforcement action, compliance orders and public naming.
We conduct thorough compliance audits to assess how your organisation collects, processes, stores and shares personal data against the requirements of the Kenya Data Protection Act 2019 and the General Regulations. We identify compliance gaps, assess risk levels and deliver a prioritised action plan with clear remediation steps — giving you a defensible compliance position.
We draft legally compliant privacy policies, cookie policies, data processing agreements, data sharing agreements and consent forms tailored to your business operations. Every document is crafted to satisfy ODPC requirements while remaining practical for your day-to-day operations — covering websites, mobile apps, employee data and third-party data sharing.
When the Office of the Data Protection Commissioner opens an investigation, issues a compliance notice or initiates enforcement proceedings, you need experienced legal representation. We respond to ODPC queries, prepare submissions, negotiate outcomes and represent your organisation in hearings — protecting your interests at every stage of the regulatory process.
When a data breach occurs, time is critical. We activate breach response protocols — advising on containment, assessing notification obligations under Section 43 of the KDPA, preparing mandatory ODPC notifications within the 72-hour window and managing communication with affected data subjects. We also represent you in any resulting regulatory investigation.
We provide ongoing data protection advisory services for companies that process personal data — from data controller and data processor registration with the ODPC, to implementing data protection impact assessments (DPIAs), appointing Data Protection Officers and establishing lawful bases for processing. Practical, business-focused compliance that keeps your operations running smoothly.
"Data protection compliance is not a one-time project — it's an ongoing legal obligation. We help you build frameworks that last."
A structured, practical approach to data protection. We assess your current state, close compliance gaps and build lasting frameworks.
We map your data flows, identify processing activities and assess your current compliance status against the KDPA.
We deliver a detailed report highlighting compliance gaps, risk levels and prioritised recommendations.
We draft privacy policies, DPAs, consent forms and internal procedures tailored to your business.
We handle your registration as a data controller or processor with the Office of the Data Protection Commissioner.
We provide continuous legal advisory, breach response support and audit renewal to keep you compliant as your business grows.
"We don't deliver generic templates — we build data protection frameworks that fit how your business actually operates."
— F.M. Muteti & Co. Advocates
Experienced advocates who understand Kenya's data protection landscape — from KDPA compliance and ODPC engagement to cross-border data transfer requirements.
Deep knowledge of the Kenya Data Protection Act 2019, the General Regulations and ODPC guidance notes — applied practically to your business.
When a breach happens, every hour counts. We provide rapid-response legal support — 24/7 availability for critical data incidents.
We serve multinationals, banks, fintechs, health providers, NGOs and SMEs — tailoring compliance frameworks to the size and risk profile of each organisation.
Clear fee structures before engagement. No hidden charges. You know exactly what your data protection matter will cost upfront.
Embassy House Nairobi and TSS Tower Mombasa — walk-in service Monday to Friday for in-person consultations.
Every advocate is registered with the Law Society of Kenya, operating under the highest professional and ethical standards.
"We received a compliance notice from the ODPC and had no idea where to start. FM Law responded within hours, handled all correspondence with the Commissioner's office and got us to full compliance in 3 weeks."
"FM Muteti conducted a full data protection audit for our hospital network. They drafted all our privacy policies, data processing agreements and patient consent forms. Thorough, practical and clearly experts in this area."
"We suffered a data breach affecting 15,000 customer records. FM Law managed the entire response — ODPC notification, customer communication and the investigation. Their speed and expertise saved us from far worse consequences."
Clear answers to what clients ask us most about data protection compliance in Kenya. For business-specific advice, speak directly with our data protection lawyers.
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📞 +254 769 554 444 — Call NowIf your business collects, stores, uses or shares any personal data — including employee records, customer details, patient data, financial information or any data that identifies an individual — the Kenya Data Protection Act 2019 applies to you. This includes businesses of all sizes, NGOs, government agencies and individuals processing personal data in the course of a commercial activity. If you're unsure, a compliance assessment will clarify your obligations.
Administrative penalties include fines of up to KES 5 million or 1% of annual turnover for data controllers and processors who breach the Act. Criminal offences — such as unlawful disclosure of personal data or obstruction of the ODPC — carry fines of up to KES 3 million and/or imprisonment of up to 10 years. The ODPC can also issue enforcement notices, compliance orders and publicly name non-compliant organisations.
Yes. Under the Kenya Data Protection (Registration of Data Controllers and Data Processors) Regulations 2021, all data controllers and data processors are required to register with the Office of the Data Protection Commissioner. Registration involves providing information about the nature of data you process, the categories of data subjects and details of any cross-border data transfers. We handle the full registration process for our clients.
Act immediately. Under Section 43 of the KDPA, you must notify the ODPC within 72 hours of becoming aware of a breach that affects personal data. You must also notify affected data subjects without unreasonable delay. The notification must include the nature of the breach, the likely consequences and the measures taken to address it. Contact us immediately — we provide 24/7 breach response support and will manage the entire notification and investigation process.
A DPIA is a mandatory assessment required before any processing that is likely to result in high risk to individuals' rights and freedoms — such as large-scale processing of sensitive data, systematic monitoring or automated decision-making. It identifies privacy risks, evaluates their severity and documents the measures taken to mitigate them. We conduct DPIAs for clients and prepare the reports required by the ODPC.
Cross-border data transfers are permitted under the KDPA provided the receiving country has adequate data protection safeguards, or appropriate contractual clauses are in place. The ODPC must be satisfied that the transfer will not undermine the protection of personal data. We advise on the legality of cross-border transfers and draft the contractual frameworks — including standard contractual clauses and binding corporate rules — needed to transfer data lawfully.
✦ F.M. Muteti & Co. Advocates · Embassy House, Nairobi · TSS Tower, Mombasa
Kenya's trusted data protection lawyers are ready to audit your compliance, draft your policies and represent you before the ODPC. Transparent fees. Walk-in offices. Don't wait for an enforcement notice.
We share a commitment to providing our clients with the highest quality and most cost-effective legal services.
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