Clay&AssociatesAdvocates

Regulatory & Compliance

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 professionals reviewing a document together in an officeRegulatory & ComplianceWhat Does “Enhanced Due Diligence” on a Politically Exposed Person Actually Involve?A new client walks in, and someone on your compliance team flags them as a politically exposed person.…18 Sep 2026A businessman on the phone taking notes at his deskCorporate & CommercialDoes Your Business Need to Vet Its Own Suppliers? KYC Beyond Your AML ObligationsCustomer due diligence gets most of the attention in Kenyan AML compliance, because it is the specific, documented…18 Sep 2026Two colleagues reviewing company documents at an office deskCorporate & CommercialIs Your Company at Risk of Being Struck Off Over an Unfiled Beneficial Ownership Register?Since 2019, every company registered in Kenya has been required to keep a register of its beneficial owners.…18 Sep 2026A cardboard box printed with a recycling symbol and claimRegulatory & ComplianceCould Greenwashing Actually Get a Kenyan Company Sued?Kenya has no ESG-specific greenwashing law, and no reported case yet where a company was sued or prosecuted…18 Sep 2026An empty formal boardroom with a long conference tableRegulatory & ComplianceYou Have to “Comply or Explain”. What Actually Counts as a Good Explanation?Kenya's CMA Code of Corporate Governance Practices and the Mwongozo Code both run on a "comply or explain"…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 keyboardCorporate & CommercialIf We Get Hacked, Is the Board Personally Liable?The honest answer is: usually not directly, but the exceptions are exactly the situations most boards are not…18 Sep 2026Two colleagues working together on a laptop in a cafeRegulatory & ComplianceAn Investor Is Asking About Our ESG Policy. We’re a 10-Person Startup. Now What?Nothing in Kenyan law requires a ten-person startup to have an ESG policy. The Nairobi Securities Exchange's ESG…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 NeedSince November 2023, a private company or company limited by guarantee that has neither a Kenya-qualified company secretary…18 Sep 2026 Talk to usNeed advice on Regulatory & Compliance?Speak to an advocate about your Regulatory & Compliance matter.Get in touch