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 colleagues reviewing documents together at a tableRegulatory & ComplianceDoes ESG Actually Matter in a Kenyan M&A Deal?Yes. ESG due diligence matters in a Kenyan M&A deal because three ordinary pieces of Kenyan law already…18 Sep 2026A man focused on his laptop screen responding to an urgent matterRegulatory & ComplianceYour Company Just Had a Data Breach. What Do You Actually Do in the First 72 Hours?Section 43 of the Data Protection Act, 2019 gives a data controller 72 hours from becoming aware of…18 Sep 2026Two 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 deskRegulatory & ComplianceDoes 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 deskRegulatory & ComplianceIs Your Company at Risk of Being Struck Off Over an Unfiled Beneficial Ownership Register?Yes. A Kenyan company that never lodged its beneficial ownership register, or lodged it once and then let…18 Sep 2026A cardboard box printed with a recycling symbol and claimRegulatory & ComplianceCould Greenwashing Actually Get a Kenyan Company Sued?Greenwashing in Kenya is not governed by any ESG-specific statute, and we have not found a reported Kenyan…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 2026 Talk to usNeed advice on Regulatory & Compliance?Speak to an advocate about your Regulatory & Compliance matter.Get in touch