Clay&AssociatesAdvocates

Insights

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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.

African judges presiding in a courtroom, representing the Court of Appeal of KenyaCorporate & CommercialCan an Unregistered Foreign Company Sue in Kenya? The Court of Appeal’s 2026 Ruling on Foreign LendersForeign company Kenya registration rules do not automatically bar a lender from suing over an unpaid debt. That…14 Sep 2026Insurance and reinsurance professionals reviewing regulatory compliance documents in KenyaFinancial ServicesInsurance (Amendment) Regulations 2025: The Kenya Re Reinsurance Cession Increase ExplainedThe Insurance (Amendment) Regulations 2025, gazetted as Legal Notice No. 55 of 2026 and made on 31 December…12 Sep 2026Financial services professionals in a boardroom meeting discussing capital markets compliance in KenyaFinancial ServicesCapital Markets (Amendment) Act 2025: What the Repeal of Shareholding Caps Means for Licensed IntermediariesThe Capital Markets (Amendment) Act 2025 (Act No. 26 of 2025) removed the shareholding caps that had governed…12 Sep 2026Kenyan office employee at a desk during a probationary work periodLitigation & Dispute ResolutionProbation Periods Under Kenya’s Employment Act: What Employers Can and Cannot DoProbation is the stage of employment where Kenyan law gives employers the most latitude, but that latitude is…12 Sep 2026Kenyan worker in safety uniform and helmet at a workplaceLitigation & Dispute ResolutionWork Injury Benefits Act Compliance in Kenya: What Employers Must Actually DoMost Kenyan employers know they must remit National Social Security Fund and Social Health Insurance Fund contributions. Far…12 Sep 2026Kenyan employee holding a resignation letter in the officeLitigation & Dispute ResolutionConstructive Dismissal in Kenya: When Resigning Counts as Being FiredAn employee does not have to be handed a termination letter to have a valid claim for unfair…12 Sep 2026Maasai community member in northern Kenya rangelandReal EstateCommunity Benefit-Sharing Agreements for Carbon Projects in KenyaKenya's carbon credit sector has grown quickly, and much of it sits on land communities hold under customary…12 Sep 2026Acacia tree in a Kenyan savanna landscapeCorporate & CommercialCarbon Credit Projects in Kenya: The Legal Framework Under the 2024 Carbon Markets RegulationsKenya has spent the last three years building a formal legal architecture around carbon credits. A project developer…12 Sep 2026African retail shop owner at a small storefront in KenyaCorporate & CommercialAre Exclusive Territory and Non-Compete Clauses in Kenyan Franchise Agreements Enforceable?Franchisors entering Kenya usually arrive with a template agreement drafted for a different legal system, and that template…12 Sep 2026 Talk to usNot sure where to start?Tell us what you need and we will point you to the right person.Get in touch