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.

An empty formal boardroom with a long conference tableRegulatory & ComplianceYou Have to “Comply or Explain”. What Actually Counts as a Good Explanation?Kenya's CMA Code of Corporate Governance Practices and the Mwongozo Code both run on a "comply or explain"…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 group of community members gathered togetherLitigation & Dispute ResolutionMy SACCO Board Made a Decision I Disagree With. What Can I Actually Do?A SACCO board decision, refusing a loan on unclear grounds, restricting a withdrawal, changing dividend policy, or terminating…18 Sep 2026A padlock resting on a laptop keyboardCorporate & CommercialIf We Get Hacked, Is the Board Personally Liable?The honest answer is: usually not directly, but the exceptions are exactly the situations most boards are not…18 Sep 2026A director writing and signing a company documentCorporate & CommercialWhat Are My Legal Duties as a Director of a Kenyan Company?Being appointed a director of a Kenyan company comes with a specific set of statutory duties under the…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 2026An open filing cabinet drawer holding company recordsRegulatory & ComplianceThe “Contact Person” Rule: The Compliance Role Most Private Companies in Kenya Don’t Know They NeedSince November 2023, a private company or company limited by guarantee that has neither a Kenya-qualified company secretary…18 Sep 2026A man working alone at a laptop, representing a single company directorCorporate & CommercialHow Many Directors Does a Kenyan Company Actually Need?Search this question and you will find confident, conflicting answers: some sources say one director is enough, others…18 Sep 2026Three colleagues in a meeting reviewing a laptopRegulatory & ComplianceI Have a DPO. Am I Automatically Data-Compliant?Appointing a data protection officer is one of the more visible steps a company takes toward complying with…18 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