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.

Kenyan family sitting together outdoors, illustrating the choice between a trust, a will or a company for family wealthCorporate & CommercialTrust, Will or Company? Choosing the Right Structure for Family Wealth in KenyaFamilies with land, shares, savings or a business usually reach the same question sooner or later: should everything…24 Sep 2026Kenyan agricultural land structuring: a Kenyan smallholder farmer, representing the local landholding partner in a foreign-investor farm ventureCorporate & CommercialHow to Structure an Agricultural Business in Kenya Without Holding the LandForeign investors setting up an agricultural operating business in Kenya, such as an avocado orchard, a flower farm…22 Sep 2026Creditor 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 tableRegulatory & ComplianceDoes the Data Protection Act Protect Your Company’s Reputation?No. The Data Protection Act, 2019 (the DPA) does not protect a company reputation directly, because the rights…19 Sep 2026A hand signing a contract document with a penCorporate & CommercialDrafting a Colocation Agreement That Actually Protects You as the OperatorA colocation agreement protects the operator when it is built deliberately around the operator's own risk position, not…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 OnWhen an infrastructure private equity fund buys a data centre, its data centre due diligence concentrates on five…18 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch