Briefing
Kenya’s National Assembly has passed the Virtual Asset Service Providers Bill, 2025, a landmark legislative action poised to establish the nation’s first comprehensive regulatory framework for digital assets. This bill mandates stringent licensing and registration requirements for Virtual Asset Service Providers (VASPs), including exchanges and wallet operators, while embedding robust Anti-Money Laundering (AML) and Know Your Customer (KYC) provisions in alignment with Financial Action Task Force (FATF) standards. The legislation, approved on October 7, 2025, is now awaiting presidential assent and is expected to come into force within weeks, initiating a one-year transition period for existing operators to achieve compliance.
Context
Prior to this legislative action, Kenya’s rapidly expanding digital asset ecosystem operated largely without specific regulation, leaving an estimated 4.5 million citizens engaged in crypto-related activities vulnerable to fraud and limiting formal investment. This regulatory vacuum presented a significant compliance challenge, contributing to Kenya’s designation on the FATF greylist since 2023, which deterred foreign investment. The absence of a clear legal framework for virtual assets, including cryptocurrencies and stablecoins, underscored an urgent need for coherence and investor safeguards.
Analysis
This bill fundamentally alters the operational landscape for digital asset businesses in Kenya by establishing a formal licensing and registration regime for all VASPs. Regulated entities must now integrate enhanced AML/CFT and KYC protocols into their compliance frameworks, ensuring client fund segregation and mandatory reporting of suspicious transactions. The legislation also amends existing financial laws to classify certain virtual assets as securities, thereby enabling the development of regulated trading products. This systemic update aims to reduce market fraud, restore investor confidence, and support Kenya’s efforts to exit the FATF greylist, which is critical for attracting capital inflows and improving credit ratings.
Parameters
- Legislative Body ∞ Kenya National Assembly
- Legislation Name ∞ Virtual Asset Service Providers Bill, 2025
- Jurisdiction ∞ Kenya
- Primary Regulators ∞ Central Bank of Kenya (CBK), Capital Markets Authority (CMA)
- Targeted Entities ∞ Virtual Asset Service Providers (VASPs) including exchanges, brokers, wallet operators, token issuers
- Key Compliance Standard ∞ FATF Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT)
- Tax Rate Adjustment ∞ Digital asset tax reduced from 3% to 1.5%
- Transition Period ∞ One year for existing operators
Outlook
The imminent presidential assent of the Virtual Asset Service Providers Bill positions Kenya as a potential model for digital asset regulation across Africa, particularly as the IMF and World Bank advocate for regulatory clarity. The one-year transition period will test the private sector’s adaptability to new compliance demands and regulators’ capacity to balance enforcement with innovation support. Successful implementation could unlock significant foreign direct investment, foster fintech job creation, and facilitate new efficiencies in remittances through integration with mobile money networks like M-Pesa. This action sets a precedent for other jurisdictions grappling with digital asset oversight, highlighting a balanced approach to market integrity and innovation.
Verdict
Kenya’s new Virtual Asset Service Providers Bill represents a decisive regulatory maturation, establishing a robust and clear legal framework essential for securing market integrity and fostering legitimate digital asset innovation.