Clay&AssociatesAdvocates

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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 colleagues reviewing a tablet together in an officeRegulatory & ComplianceDoes My Company’s Whistleblowing Duty Stop at Bribery? What Kenyan Law Actually CoversIf a company has already put a whistleblowing channel in place to satisfy the Bribery Act 2016, it…18 Sep 2026A businesswoman working at a desk with a laptop and notebookRegulatory & ComplianceIs My SME Legally Required to Have Formal Governance? What Changes as You GrowThe short legal answer is no. Kenyan company law does not force a small or medium business to…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 2026Two business people shaking hands in an officeCorporate & CommercialShareholder Agreement or Articles of Association: Which One Actually Governs What?Every Kenyan company has Articles of Association. Far fewer have a shareholders' agreement, and many founders assume the…18 Sep 2026Two colleagues discussing charts at a tableCorporate & CommercialAn Employee Just Reported Misconduct. What Do We Do in the First 48 Hours?An employee has come to you, or to HR, with a report of misconduct, fraud, or corruption inside…18 Sep 2026Two people using smartphones for a mobile payment and QR code scanFinancial ServicesBuilding an AML Risk Assessment for a Kenyan Fintech or DCP: Where Do You Even Start?Most digital lenders discover their AML obligations backwards: they build the product, start onboarding customers, and only then…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 2026A group of colleagues discussing business at a tableCorporate & CommercialMy Family Business Is Growing. Do I Need to Formalise the Board?Many Kenyan family businesses run for years on trust and conversation around a kitchen table, and it works,…18 Sep 2026A lawyer discussing documents with a client in an officeLegal UpdatesWhy Your Lawyer Is Suddenly Asking for More Documents: Kenya’s AML Rules for Legal Services, ExplainedIf your advocate has recently asked you for a copy of your ID, proof of your physical address,…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