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.

Two African businesswomen reviewing and signing documents at a tableCorporate & CommercialThe R&D Spending and Ownership Rules in Kenya’s Startup Bill: What Founders and Investors Should WatchTwo provisions in Kenya's stalled Startup Bill do most of the work in deciding who could ever qualify…16 Sep 2026African startup founders reviewing documents together on a laptopCorporate & CommercialKenya’s Startup Bill Remains Stuck in Mediation: What This Means for Founders NowKenya's Startup Bill has been stuck in a mediation committee between the National Assembly and the Senate since…16 Sep 2026Confident African businesswoman in professional attire, representing HR and compliance professionals handling sensitive employee data in KenyaCorporate & CommercialPolitical Affiliation and Trade Union Membership Become ‘Sensitive Data’ in KenyaOn 11 September 2026 the Office of the Data Protection Commissioner published a draft notice proposing to add…16 Sep 2026African businessman reviewing project agreement documents on his phone, representing green hydrogen project structuring in KenyaCorporate & CommercialStructuring Green Hydrogen Offtake and Project Agreements in KenyaKenya has more announced green hydrogen activity than almost any other African country outside Namibia and Egypt: a…16 Sep 2026Call centre agent working at a multi-monitor workstation in a Kenyan BPO operationCorporate & CommercialSetting Up a BPO or Shared Services Operation in Kenya: EPZ, SEZ and the Investment StructureKenya's business process outsourcing sector grew by close to a fifth in the year to 2024 and investment…16 Sep 2026Professional reviewing data centre operations on a tablet beside server racks, representing colocation and hyperscale facility investment in KenyaCorporate & CommercialColocation, Hyperscale or Build-to-Suit: Structuring a Data Centre Investment in KenyaKenya's data centre sector is drawing serious capital, and the Communications Authority's September 2026 proposal for a standalone…15 Sep 2026An African shopkeeper standing outside his store, representing a Kenyan franchise businessCorporate & CommercialEnding a Franchise Agreement in Kenya: Termination, Trademarks, and Dispute ResolutionWhen a Kenyan franchise relationship ends, the questions that actually cause disputes are rarely about whether the agreement…14 Sep 2026African judges presiding in a courtroom, representing the Court of Appeal of KenyaCorporate & CommercialCan an Unregistered Foreign Company Sue in Kenya? The Court of Appeal’s 2026 Ruling on Foreign LendersForeign company Kenya registration rules do not automatically bar a lender from suing over an unpaid debt. That…14 Sep 2026Acacia tree in a Kenyan savanna landscapeCorporate & CommercialCarbon Credit Projects in Kenya: The Legal Framework Under the 2024 Carbon Markets RegulationsKenya has spent the last three years building a formal legal architecture around carbon credits. A project developer…12 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch