Commercial & Corporate Law
Kiriinya & Achieng' advocates (KAA)
Commercial & Corporate Law
The firm offers comprehensive legal advisory services for real estate transactions, including:
The law firm provides corporate and commercial law services designed to address the specific requirements of companies. Services are available for startups entering the market as well as established organizations handling complex transactions, offering legal expertise and guidance to support business objectives.
How do we come in:
Drafting Contracts/Agreements: The team prepares and assesses contracts to help protect our client’s interests in all business transactions. Our services cover both drafting and reviewing of mundane agreements to complex joint venture collaborations providing contracts that clarify the rights and obligations of all the parties, therefore protecting our client’s interests.
Offer expert opinions: TOur lawyers provide commercial legal advice working to understand clients' business objectives and offering guidance on various corporate and commercial matters to support informed decision-making. “A deal is good in principle but the devil truly is in the details and those details are in fine print”
Due Diligence and Audits: Comprehensive due diligence, investigations and audits are conducted to identify potential opportunities and challenges related to business ventures, supporting transparency in all transactions.
Transaction commercial Services: The team offers advisory services on the sale and purchase of shares and securities, assisting clients at each stage of the process to help facilitate smooth transactions.
- Representing buyers and sellers in conveyancing and related documentation (leases, licenses, easements, sectional property, joint venture agreements for shared developmentprojects).
- Conducting property searches, due diligence, and forensic audits on properties subject to transfer or securities.
- Advising on development, construction, project structuring, financing, land subdivision, change of user, lease extensions, amalgamation, title rectification, issuance and replacement of titles.
- Obtaining necessary consents and managing land rates and rents for clients
- Preparing and registering powers of attorney, prohibitions, restrictions, caveats, trusts, wills, and estate planning documents.
- Managing stamping and registration processes and offering general land law advice.
overview
Commercial & Corporate Law deals with the legal framework for running businesses, handling transactions, and managing company structures. While they overlap, they focus on different aspects of business law.
Commercial Law
Covers the rules, rights, and obligations involved in trade, commerce, and business transactions.
Key areas:
- Contracts – Formation, validity, performance, breach, and remedies.
- Sale of Goods & Services – Delivery, quality, warranties, and payment terms.
- Agency Law – Legal relationships where one person acts on behalf of another.
- Consumer Protection – Fair trading, product safety, and false advertising rules.
- Secured Transactions – Loans, mortgages, and collateral rights.
- Negotiable Instruments – Cheques, promissory notes, and bills of exchange.
- E-commerce Law – Online transactions, electronic contracts, and digital payments.
Example: Drafting a supply contract between a Kenyan manufacturer and a retailer.
Corporate Law
Regulates the formation, governance, and dissolution of companies.
Key areas:
- Company Formation & Registration – Incorporation process, company structures (private, public, limited liability, etc.).
- Corporate Governance – Duties of directors, shareholder rights, annual general meetings (AGMs).
- Share Capital & Securities – Issuing shares, debentures, and shareholder agreements.
- Mergers & Acquisitions (M&A) – Buying, selling, or combining companies.
- Corporate Compliance – Filing returns, tax obligations, and statutory record keeping.
- Insolvency & Liquidation – Winding up companies and dealing with creditors.
- Corporate Finance – Raising capital through equity, debt, or investment.
Example: Advising on a merger between two Kenyan technology companies.
- Commercial law handles day-to-day business operations and transactions.
- Corporate law sets the rules for the existence, structure, and management of the business itself.
- Working Conditions – Health and safety standards, working hours, leave entitlements.
- Termination & Redundancy – Lawful dismissal, notice periods, severance pay.
- Non-discrimination & Equal Opportunity – Protection against unfair treatment based on gender, race, disability, religion, or other protected grounds.
- Trade Unions & Collective Bargaining – Rights to join unions and negotiate work terms.
- Together, they ensure bothoperational and structural legal compliance.
Kenyan Legal Framework
- Companies Act, 2015 – Main corporate governance law.
- Partnership Act – Rules for business partnerships.
- Law of Contract Act – Governs contracts.
- Sale of Goods Act – Regulates commercial sales transactions.
- Movable Property Security Rights Act, 2017 – For secured transactions.
- Competition Act –– Anti-monopoly and fair trade rules.
- Capital Markets Act – Regulates public securities offerings.
Legal Services we offer
Client-Focused Legal Solutions
Our services
Kiriinya & Achieng’ Advocates is a commercial and real estate law firm in Kenya with a notable and increasing presence in the East African region. We provide services to local and international clients including start-ups and established companies, for profit and not-for-profit entities and government institutions. Our predominant goal is to provide our clients with state-of-the-art legal services and support in the shortest turnaround time while demystifying the rigorous legal processes.