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 colleagues looking at a laptop screen togetherCorporate & CommercialAcquiring a Kenyan Tech Startup: What Due Diligence Actually Needs to CoverAcquiring a tech startup in Kenya is not the same exercise as acquiring a manufacturer or a licensed…18 Sep 2026Colleagues reviewing code on a computer screen togetherCorporate & CommercialCan Our Board Just Let the AI Decide? Oversight Duties Before Kenya’s AI BillKenya's Artificial Intelligence Bill, 2026 (Senate Bills No. 4 of 2026) is not law. It was published on…18 Sep 2026An empty formal boardroom with a long conference tableRegulatory & ComplianceYou Have to “Comply or Explain”. What Actually Counts as a Good Explanation?“Comply or explain” is the phrase most boards use, but the Capital Markets Authority’s 2015 Code of Corporate…18 Sep 2026A factory worker grinding metal with sparks flyingRegulatory & ComplianceDoes ESG Reporting Apply to My Small Business? The Supply Chain Answer Most SMEs MissIf your business is not listed on the Nairobi Securities Exchange and does not raise capital from the…18 Sep 2026A padlock resting on a laptop keyboardRegulatory & ComplianceIf We Get Hacked, Is the Board Personally Liable?The honest answer on data breach liability is: usually not directly, but the exceptions are exactly the situations…18 Sep 2026A director writing and signing a company documentCorporate & CommercialWhat Are My Legal Duties as a Director of a Kenyan Company?The duties of a director of a Kenyan company are set out in sections 142 to 147 of…18 Sep 2026An open filing cabinet drawer holding company recordsRegulatory & ComplianceThe “Contact Person” Rule: The Compliance Role Most Private Companies in Kenya Don’t Know They NeedThe contact person rule in section 243A of the Companies Act, 2015 requires a private company, or a…18 Sep 2026A man working alone at a laptop, representing a single company directorCorporate & CommercialHow Many Directors Does a Kenyan Company Actually Need?It depends on the type of company, and the answer is smaller than most online guides suggest. A…18 Sep 2026Two colleagues reviewing a tablet together in an officeRegulatory & ComplianceDoes My Company’s Whistleblowing Duty Stop at Bribery? What Kenyan Law Actually CoversNo, and a whistleblowing policy built only to satisfy bribery law will leave gaps. The Anti-Bribery Act, 2016…18 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch