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 market traders selling produce at their business stallCorporate & CommercialBusiness Owners and Constitutional Petitions: Protecting Property Rights Under Article 40Business Owners Constitutional Petitions Property Rights Kenya cases under Article 40 are usually assumed to be about farmland…12 Sep 2026Judge's gavel resting beside a law bookCorporate & CommercialInterim Injunctions in Kenyan Commercial Disputes: The Giella v Cassman Brown Test in PracticeInterim Injunctions Kenyan Commercial Disputes are decided, in practice, by a single three-part test that has survived more…12 Sep 2026Magnifying glass symbolising investigation of a fraud claimCorporate & CommercialFraud and Misrepresentation Claims in Kenyan Commercial Litigation: What You Must ProveFraud Misrepresentation Claims Kenyan Commercial Litigation cases fail more often than clients expect, not because the underlying conduct…12 Sep 2026Kenyan shareholders in a boardroom meetingCorporate & CommercialShareholder Disputes and Minority Oppression Claims Under the Companies Act 2015Shareholder Disputes Minority Oppression Kenya claims tend to surface in exactly the kind of closely-held company where Clay…12 Sep 2026Signing a commercial contract documentCorporate & CommercialBreach of Contract Litigation in Kenya: Remedies, Damages and Specific PerformanceBreach of Contract Litigation Kenya Remedies questions usually arrive with an assumption that the Law of Contract Act…12 Sep 2026Kenyan business executive at his office deskCorporate & CommercialNon-Compete and Confidentiality Disputes in Kenyan Employment Litigation: Are They Enforceable?Non-Compete Confidentiality Disputes Kenyan Employment Litigation questions look different once a departing employee has actually joined a competitor…12 Sep 2026African startup team reviewing code together on a laptopCorporate & CommercialEmployee Stock Option Pools for Kenyan Startups Incorporating Abroad: Delaware Flip Structures ExplainedA striking number of Africa's best-known tech companies, Flutterwave, Paystack, Andela, Tala, Jumia among them, are not actually…12 Sep 2026African business professional in a suit, portraitCorporate & CommercialVenture Debt in Kenya: An Alternative to Equity Financing for StartupsKenyan startups borrowed close to half a billion dollars in 2025, roughly matching what they raised in equity…12 Sep 2026African business professionals shaking hands after concluding a deal in a cafeCorporate & CommercialStartup Exit Strategies in Kenya: Trade Sales, Secondary Sales and IPO ReadinessAn exit for a Kenyan startup rarely means an IPO. In practice it means a trade sale to…12 Sep 2026 Talk to usNeed advice on Corporate & Commercial?Speak to an advocate about your Corporate & Commercial matter.Get in touch