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.

Two African businesswomen reviewing and signing documents at a tableCorporate & CommercialThe R&D Spending and Ownership Rules in Kenya’s Startup Bill: What Founders and Investors Should WatchTwo provisions in Kenya's stalled Startup Bill do most of the work in deciding who could ever qualify…16 Sep 2026African startup founders reviewing documents together on a laptopCorporate & CommercialKenya’s Startup Bill Remains Stuck in Mediation: What This Means for Founders NowKenya's Startup Bill has been stuck in a mediation committee between the National Assembly and the Senate since…16 Sep 2026African businessman in a glass-walled office typing on a laptop, representing corporate compliance with cross-border data transfer rules in KenyaRegulatory & ComplianceKenya’s Cross-Border Data Transfer Compliance Regime: What ODPC’s 2026 Guidance RequiresThe Office of the Data Protection Commissioner quietly published a substantially expanded guidance note on cross-border data transfers…16 Sep 2026African ride-hailing driver smiling at the camera from inside his car, representing the employment classification question for Uber and Bolt drivers in KenyaRegulatory & ComplianceAre Uber and Bolt Drivers Employees Under Kenyan Law?Kenya's Employment Act has no test for telling an employee from an independent contractor, and no intermediate category…16 Sep 2026Employee working alone at a desk on a laptop during an evening shift, representing night roster employment in KenyaRegulatory & ComplianceEmployment Law for BPO and Call Centre Operations in Kenya: Hours, Overtime and Night Shift RostersA BPO or shared services centre runs on rosters that ordinary Kenyan office employers rarely have to think…16 Sep 2026Call centre agent working at a multi-monitor workstation in a Kenyan BPO operationCorporate & CommercialSetting Up a BPO or Shared Services Operation in Kenya: EPZ, SEZ and the Investment StructureKenya's business process outsourcing sector grew by close to a fifth in the year to 2024 and investment…16 Sep 2026Enterprise professional reviewing a colocation services agreement on a laptop in a high-rise office, representing data centre contract negotiation in KenyaRegulatory & ComplianceData Centre Colocation Contracts in Kenya: What Enterprise Customers Should NegotiateAn enterprise moving its servers into a Kenyan colocation facility is not just renting rack space, it is…15 Sep 2026Professional reviewing data centre operations on a tablet beside server racks, representing colocation and hyperscale facility investment in KenyaCorporate & CommercialColocation, Hyperscale or Build-to-Suit: Structuring a Data Centre Investment in KenyaKenya's data centre sector is drawing serious capital, and the Communications Authority's September 2026 proposal for a standalone…15 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 2026 Talk to usNeed advice on Technology & Startups?Speak to an advocate about your Technology & Startups matter.Get in touch