Clay&AssociatesAdvocates

Corporate & Commercial

Your Business, Our Solutions.

Analysis and commentary on Kenyan law as it is practised: corporate, IP, regulatory, disputes and the industries we serve. Written by the advocates who do the work.

Creditor priority Kenya, colleagues discussing liquidation orderCorporate & CommercialWhat Happens to Employees and Creditors When a Kenyan Company Is Wound Up?Secured creditors first, then liquidation costs, then preferential claims including employee wages, then floating charge holders, then everyone…21 Sep 2026Company voluntary arrangements Kenya, business handshake agreementCorporate & CommercialCan My Company Restructure Its Debt Without Going Into Liquidation? Company Voluntary Arrangements ExplainedA Company Voluntary Arrangement lets a company restructure what it owes and keep trading, without going into liquidation.…21 Sep 2026Director liability Kenya, businessman considering insolvencyCorporate & CommercialCan Directors Be Personally Liable When a Kenyan Company Becomes Insolvent?Insolvency alone doesn't make a director personally liable. Wrongful trading, fraud, and personal guarantees do, and acting early…21 Sep 2026Options before liquidation Kenya business meetingCorporate & CommercialMy Company Can’t Pay Its Debts: What Are the Options Before Liquidation?Liquidation isn't the only option once debts can't be paid on time. Administration, company voluntary arrangements, and receivership…21 Sep 2026A focused businessman working on his laptop at a tableCorporate & CommercialDoes the Data Protection Act Protect Your Company’s Reputation?When something damaging about a company appears online, it is tempting to reach for the Data Protection Act…19 Sep 2026A hand signing a contract document with a penCorporate & CommercialDrafting a Colocation Agreement That Actually Protects You as the OperatorMost colocation agreements start life as a customer's redlines against whatever template the operator first sent out, which…19 Sep 2026A technician working on network cables in a server roomCorporate & CommercialSelling Your Data Centre to Private Equity: What Their Due Diligence Will Actually Focus OnInfrastructure private equity does not run the same due diligence process a typical trade or tech buyer would.…18 Sep 2026A businessman thinking while working at his laptopCorporate & CommercialTrade Sale, Private Equity, or IPO: Comparing Exit Routes for a Kenyan Data Centre InvestorA data centre is not a startup, and an investor planning how to eventually exit one should not…18 Sep 2026Two colleagues reviewing documents together at a tableRegulatory & ComplianceDoes ESG Actually Matter in a Kenyan M&A Deal?Most Kenyan acquisitions still run due diligence around the traditional list: financial statements, tax position, litigation history, title…18 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch