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.

African professional working on a laptop at a desk for a foreign company through an employer of record in KenyaCorporate & CommercialEmployer of Record in Kenya: Legal Risks for Foreign Companies Hiring Remote StaffA foreign company that wants to hire in Kenya without setting up a local entity often turns to…30 Sep 2026African manager in a meeting discussing a secondment to Kenya and the employer of a seconded expatriateCorporate & CommercialSecondment to Kenya: Who Is the Employer and What the Law RequiresForeign groups often send managers and specialists to their Kenyan subsidiary on a "secondment" and assume the home…30 Sep 2026Company name reservation versus trademark protection: African businesswoman with gold pen and laptop reviewing brand name recordsCorporate & CommercialCompany Name Reservation Is Not Trademark Protection: BRS Approval Versus KIPI RegistrationRegistering a company and protecting a brand are separate legal acts, and foreign entrants often confuse them. A…29 Sep 2026VAT rule on outsourced staff: three African professional women in a team meeting at an office tableCorporate & CommercialVAT on Outsourced Staff in Kenya: What Section 13(5A) Changes for Staffing and BPO ProvidersFor years, the question for a Kenyan staffing or outsourcing company was whether VAT applied to everything it…28 Sep 2026VASP change of control: African directors and investors around a boardroom table discussing a share transferCorporate & CommercialBuying or Selling a Licensed Crypto Business in Kenya: Change of Control Under Regulation 29 and Section 27Anyone buying into, selling out of, or restructuring the shareholding of a licensed crypto business in Kenya needs…28 Sep 2026Export declaration rule: an African warehouse worker in a hard hat checking imported goods on shelvingCorporate & CommercialThe New Export Declaration Rule for Importers in Kenya: What Section 23B RequiresSince 1 September 2026, anyone who imports goods into Kenya, or claims to have done so, has had…28 Sep 202690-day regularisation: an African business owner at a desk putting permits and licences in orderCorporate & CommercialThe 90-Day Regularisation Window for Foreign Business Owners in Kenya: What to Fix NowOn 8 September 2026, State House announced a 90-day regularisation exercise for foreign nationals doing business in Kenya.…28 Sep 2026Aerial view of a West African city skyline with high-rise buildingsCorporate & CommercialKenya for West African Tech Companies: Trade in Services Under AfCFTAKenya's AfCFTA services schedule is gazetted and operative. Nigeria's is still being finalised. That asymmetry matters for how…27 Sep 2026Telecommunications tower against a cloudy skyRegulatory & ComplianceKenya’s Local Ownership Rule for ICT Licensees: From 30% to NothingThe ICT sector local shareholding rule swung from 30% to 20% and back to 30% before a single…27 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch