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.

Trustee taking notes while working through a trust transition checklist under the Trust Administration Act 2026Corporate & CommercialExisting Trusts and the 24-Month Deadline: A Transition Checklist for Kenyan TrusteesIf your family, charity or business already has a trust, the Trust Administration Act, 2026 affects it from…24 Sep 2026Woman signing a family trust deed at a wooden desk, wearing a Kenyan beaded braceletCorporate & CommercialRegistered or Incorporated? How to Set Up a Family Trust Under Kenya’s Trust Administration Act 2026Since 25 September 2026, every written trust in Kenya must be either registered or incorporated with the Registrar…24 Sep 2026Kenyan family sitting together outdoors, illustrating the choice between a trust, a will or a company for family wealthCorporate & CommercialTrust, Will or Company? Choosing the Right Structure for Family Wealth in KenyaFamilies with land, shares, savings or a business usually reach the same question sooner or later: should everything…24 Sep 2026Kenyan agricultural land structuring: a Kenyan smallholder farmer, representing the local landholding partner in a foreign-investor farm ventureCorporate & CommercialHow to Structure an Agricultural Business in Kenya Without Holding the LandForeign investors setting up an agricultural operating business in Kenya, an avocado orchard, a flower farm, a dairy…22 Sep 2026Kenyan patent agent at an office desk, representing foreign applicants filing ARIPO patent applicationsIntellectual PropertyHow to File an ARIPO Patent Application Covering Multiple African CountriesA patent granted in one country gives an inventor no rights anywhere else. For an applicant who has…22 Sep 2026Creditor priority Kenya, colleagues discussing liquidation orderCorporate & CommercialWhat Happens to Employees and Creditors When a Kenyan Company Is Wound Up?Secured creditors first, then liquidation costs, then preferential claims including employee wages, then floating charge holders, then everyone…21 Sep 2026Company voluntary arrangements Kenya, business handshake agreementCorporate & CommercialCan My Company Restructure Its Debt Without Going Into Liquidation? Company Voluntary Arrangements ExplainedA Company Voluntary Arrangement lets a company restructure what it owes and keep trading, without going into liquidation.…21 Sep 2026Director liability Kenya, businessman considering insolvencyCorporate & CommercialCan Directors Be Personally Liable When a Kenyan Company Becomes Insolvent?Insolvency alone doesn't make a director personally liable. Wrongful trading, fraud, and personal guarantees do, and acting early…21 Sep 2026Options before liquidation Kenya business meetingCorporate & CommercialMy Company Can’t Pay Its Debts: What Are the Options Before Liquidation?Liquidation isn't the only option once debts can't be paid on time. Administration, company voluntary arrangements, and receivership…21 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