Clay&AssociatesAdvocates

Technology & Startups

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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.

A world map with coloured pins marking locationsCorporate & CommercialShould a Foreign Tech Company Enter Kenya by Acquisition or From Scratch?A foreign tech company deciding to enter the Kenyan market usually frames this as a build-versus-buy question about…18 Sep 2026Two colleagues looking at a laptop screen togetherCorporate & CommercialAcquiring a Kenyan Tech Startup: What Due Diligence Actually Needs to CoverAcquiring a Kenyan tech company is not the same exercise as acquiring a manufacturer or a licensed financial…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 is still a Senate bill, not law. It had its first reading in…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 2026Two colleagues reviewing a document on a laptop togetherCorporate & CommercialWhat Am I Actually Signing Away in My Startup’s Term Sheet?A term sheet is usually two or three pages, non-binding on most of its terms, and describes itself…18 Sep 2026A group of businesswomen in a boardroom meetingCorporate & CommercialWhen Should a Kenyan Startup Actually Get a Board?A Kenyan startup with one or two founders and no outside money does not need a board in…18 Sep 2026High-voltage electricity transmission towers carrying power across the grid to connect large loads such as data centres in KenyaRegulatory & ComplianceConnecting a Data Centre to the Grid in KenyaKenya's data centre pipeline keeps growing, and every new facility eventually asks the same practical question: how does…16 Sep 2026Technology and compliance team reviewing AI system code and data governance controls in KenyaRegulatory & ComplianceCan an AI Agent Perform Your DPO or MLRO Function in Kenya?Kenyan businesses are adopting AI agents for compliance monitoring, transaction screening and document review faster than the law…16 Sep 2026A cybersecurity professional reviewing data on a tablet beside a server rack, representing the technical infrastructure regulated under Kenya’s new National Cybersecurity Agency Order.Regulatory & ComplianceKenya’s New National Cybersecurity Agency: What the 2026 Order EstablishesKenya has established a dedicated national agency for cybersecurity. The State Corporations (National Cybersecurity Agency) Order, 2026 creates…16 Sep 2026 Talk to usNeed advice on Technology & Startups?Speak to an advocate about your Technology & Startups matter.Get in touch