Website Ownership in Kenya: Who Owns the Domain, Content, Design, and Code?

Ownership is part of the buying decision

Many website conversations focus on appearance and price. Ownership is often discussed only when the relationship is ending, which is too late.

Before signing, the business should understand who controls the domain, content, accounts, design files, code, templates, hosting, analytics, and third-party services. These questions belong in the same buying conversation as the cost and scope of the website, not in a last-minute handover discussion.

Not everything is the same kind of asset

Client-supplied photographs, text, product information, trademarks, and policies are different from a provider’s reusable templates, systems, methods, components, code, and internal tools.

A fair agreement should distinguish the client’s content from the provider’s background materials. It should also explain what project-specific materials can be handed over and when.

What the current Sitewell Terms say

The current Terms state that the Client retains Client Content. Sitewell retains pre-existing and reusable code, templates, systems, workflows, components, tools, methods, know-how, improvements, and the Website system and implementation.

After the 12-month website commitment is complete and all amounts are paid, the Client may request handover of agreed project-specific materials reasonably required to operate the website. The handover excludes Sitewell background intellectual property, internal systems, other clients’ information, and third-party materials that cannot be transferred.

A domain registered in the Client’s name remains the Client’s property. Domain arrangements controlled by Sitewell should be handled as stated in the Service Confirmation.

Questions to ask before signing

Whose name is the domain registered in?
Who has access to the registrar and hosting accounts?
Who owns the content supplied by the business?
Which design, code, templates, or systems are reusable provider materials?
What can be handed over at the end of the commitment?
Are third-party licences transferable?
What happens to analytics and connected services?
Is there a minimum commitment or outstanding balance?

These are commercial questions, not a substitute for professional legal advice. They should be answered in the agreement before work begins.

Why this supports trust

Clear ownership terms reduce uncertainty for both sides. The business knows what it is buying and what it can operate. The provider protects reusable systems and explains the boundaries honestly.