Whether you’re starting a new business, expanding your company, negotiating commercial agreements, or ensuring regulatory compliance, having the right legal guidance can protect your investment and reduce unnecessary risks. Marilyn Law & Associates helps entrepreneurs, startups, SMEs, and established businesses make confident legal decisions at every stage of growth.
Corporate and Commercial Law provides the legal foundation for businesses to start, operate, grow, and protect their interests. From business registration and contract drafting to regulatory compliance and dispute resolution, having the right legal framework helps businesses minimise risk, strengthen commercial relationships, and achieve sustainable growth.
more than 90% of businesses in Kenya, making legal compliance essential for business sustainability.
operate within a legal framework that includes the Companies Act, 2015, the Partnership Act, and other sector-specific regulations.
help reduce disputes by clearly defining the rights and responsibilities of all parties.
can help businesses avoid costly litigation, regulatory penalties, and contractual disputes.
Running a business comes with important legal decisions at every stage—from choosing the right business structure and drafting contracts to protecting your assets and resolving commercial disputes. Whether you’re launching a startup, managing a growing company, or expanding into new markets, understanding your legal obligations can help you reduce risk, remain compliant, and build a stronger business. Below are some of the most common corporate and commercial law questions we help answer.
Choosing the right business structure is one of the first and most important decisions you’ll make. Whether you’re registering a sole proprietorship, partnership, or limited company, understanding the legal requirements from the outset can help you establish a compliant and sustainable business.
The Companies Act, 2015 provides the legal framework for the incorporation, governance, and operation of companies in Kenya.
Yes, foreign nationals can establish or invest in businesses in Kenya, subject to the applicable legal and regulatory requirements. Depending on the nature of the business, additional licences, permits, or immigration requirements may apply.
Foreign investment in Kenya is regulated through various laws governing companies, immigration, taxation, and sector-specific licensing.
Every business faces legal decisions that can influence its growth, reputation, and long-term success. Whether you’re launching a startup, expanding an established company, negotiating commercial agreements, or managing regulatory obligations, Marilyn Law & Associates provides practical legal guidance to help you make informed business decisions with confidence.
Starting your business on the right legal foundation is essential. We guide entrepreneurs, startups, and investors through the business registration process, helping them choose the most appropriate legal structure while ensuring compliance with applicable laws and regulatory requirements.
Strong governance helps businesses operate efficiently, manage risk, and build investor confidence. We advise companies on corporate governance, statutory compliance, regulatory obligations, and internal policies that support sustainable business growth.
Well-drafted contracts protect your business relationships and reduce the likelihood of costly disputes. We prepare, review, and negotiate commercial agreements that clearly define rights, responsibilities, and expectations for all parties involved.
Business relationships work best when expectations are clearly documented. We assist businesses in preparing shareholder agreements, partnership agreements, and other governance documents that address ownership, decision-making, dispute resolution, and succession planning.
Businesses operate in an increasingly regulated environment. We help organisations understand their legal obligations, identify potential compliance risks, and implement practical solutions that support lawful and responsible business operations.
Commercial disagreements can disrupt business operations and damage valuable relationships. We assist businesses in resolving disputes through negotiation, mediation, arbitration, and, where necessary, representation before the courts.
Choosing the right lawyer isn’t just about understanding the law—it’s about having a legal partner who understands your situation, communicates clearly, and works towards practical solutions.
Every workplace dispute is different. Before recommending a legal course of action, we take time to understand your employment relationship, review the facts, and identify the legal issues that matter most.
Employment law can be complex, but understanding your rights shouldn’t be. We explain legal processes, obligations, and possible outcomes in clear, practical language so you can make informed decisions with confidence.
Not every workplace dispute needs to end in court. Where appropriate, we help clients explore negotiation, settlement, mediation, and other practical approaches that save time, costs, and professional relationships.
Every legal matter is unique, but our approach remains the same—listen first, advise clearly, and act strategically. From your first consultation to the resolution of your matter, we’re committed to keeping you informed and supported every step of the way.
Rather than simply reacting to legal disputes, we focus on helping our clients understand their position, evaluate their options, and move forward with confidence.
01. Listen
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting you.
We begin by understanding your circumstances, reviewing relevant documents, and identifying the legal issues affecting you.
We evaluate your situation against the relevant employment laws, contractual obligations, and available evidence to provide clear legal guidance.
We explain your rights, obligations, potential risks, and practical options, ensuring you understand every step before making important decisions.
Where possible, we pursue practical solutions through negotiation or alternative dispute resolution. Where litigation becomes necessary, we provide strategic representation to protect your interests.
Whether you’re starting a new venture, managing an established company, or navigating commercial challenges, understanding your legal obligations is essential. Here are answers to some of the most common corporate and commercial law questions we receive from businesses across Kenya.
While you can register a company yourself, working with a corporate lawyer helps ensure you choose the right business structure, prepare the necessary legal documents, and comply with applicable legal and regulatory requirements from the outset.
The most suitable business structure depends on your business goals, ownership arrangements, liability considerations, taxation, and future growth plans. Whether you’re considering a sole proprietorship, partnership, or limited company, it’s important to understand the legal implications before making your decision.
Yes. Foreign individuals and companies can own or invest in businesses in Kenya, subject to the applicable laws, licensing requirements, and immigration regulations. The specific requirements vary depending on the nature of the business and the sector in which it operates.
Commercial contracts define the rights, obligations, and expectations of everyone involved in a business relationship. Well-drafted agreements reduce misunderstandings, protect business interests, and provide a clear framework for resolving disputes should they arise.
Most businesses benefit from having properly prepared incorporation documents, shareholder or partnership agreements, employment contracts, supplier agreements, customer contracts, privacy policies, and terms and conditions. The specific documents required depend on the size and nature of the business.
Legal risk can often be reduced through proper contracts, good corporate governance, regulatory compliance, accurate record-keeping, and timely legal advice. Proactively addressing legal issues helps businesses avoid costly disputes and regulatory penalties.
If payment is not made in accordance with a contract or agreement, there may be legal options available to recover the outstanding amount. The appropriate course of action depends on the terms of the agreement, the available evidence, and the circumstances surrounding the dispute.
Yes. Many commercial disputes are successfully resolved through negotiation, mediation, or arbitration. Alternative dispute resolution can often save time, reduce legal costs, and preserve valuable business relationships while achieving a practical outcome.
Tell us what you are facing and one of our advocates will come back to you with clear, practical next steps — at no cost for the first conversation.
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