Clay&AssociatesAdvocates

Financial Services

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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.

Couple at home in the kitchen, illustrating pension scheme members whose retirement savings are held in trust in KenyaFinancial ServicesPension Scheme Trusts and Kenya’s Trust Administration Act 2026: What Trustees Need to KnowAlmost every occupational pension and provident scheme in Kenya is a trust. The Retirement Benefits Act requires it:…24 Sep 2026Two people shaking hands on an agreement, illustrating a security trustee arrangement in a Kenyan lending transactionCorporate & CommercialSecurity Trustees in Kenyan Lending: Does the Trust Administration Act Apply?Syndicated loans, bond issues and project finance deals in Kenya usually rely on a security trustee: one party…24 Sep 2026Branch or subsidiary Kenya office buildingFinancial ServicesBranch or Subsidiary? How Kenya Taxes a Foreign Investor’s Kenyan Operation DifferentlySince 2024 Kenya taxes a branch and a subsidiary at the same 30% rate, with a 15% second…21 Sep 2026Calculating transfer pricing Kenya documentationFinancial ServicesDoes Kenya’s Transfer Pricing Regime Apply to My Foreign-Owned Subsidiary?There's no small-company exemption from Kenya's transfer pricing rules. Here's what actually applies, what documentation you need on…21 Sep 2026Signing a tax treaty with Kenya documentFinancial ServicesDoes Your Country Have a Tax Treaty With Kenya? What’s In Force, What’s Signed but Not Operative, and What’s Still Under NegotiationA signed tax treaty isn't the same as one that's in force, and an in-force treaty isn't the…21 Sep 2026A hand signing a contract document with a penCorporate & CommercialDrafting a Colocation Agreement That Actually Protects You as the OperatorMost colocation agreements start life as a customer's redlines against whatever template the operator first sent out, which…19 Sep 2026Two men in safety gear conducting a fire hose training exerciseRegulatory & ComplianceFire Safety and DOSH Compliance for a Kenyan Data CentreA data centre concentrates exactly the conditions fire safety law is built around: continuous high electrical loads, dense…19 Sep 2026A businessman in a shirt and tie reviewing a document on a tabletRegulatory & ComplianceInsurance a Kenyan Data Centre Operator Actually NeedsKenyan law does not prescribe a specific insurance package for a data centre. Only one element is actually…18 Sep 2026A technician in a safety vest working on server equipment with toolsRegulatory & ComplianceDecommissioning a Data Centre in Kenya: Data Destruction and Customer Transition ObligationsClosing a data centre, whether by choice, at the end of a lease, or because a facility has…18 Sep 2026 Talk to usNeed advice on Financial Services?Speak to an advocate about your Financial Services matter.Get in touch