Insights · Regulation

Kenya's virtual asset rules are now in force.

RegulationBTX Capital · February 2026
Update · September 2026

The implementing Regulations were gazetted on 22 July 2026 as Legal Notice No. 134, after this article was published. For the current position, including capital, governance and the 4 November 2026 deadline, see The regulations are gazetted. The window closes 4 November.

For years the honest answer to "is crypto legal in Kenya?" was "not exactly." It was not banned. It was also not licensed, not supervised, and not something a board could approve exposure to without a difficult conversation with the auditors.

That answer changed on 4 November 2025, when the Virtual Asset Service Providers Act came into force. Parliament had enacted it in October 2025 as Act No. 20 of 2025.

What the Act does is straightforward enough. It creates a licensing regime and splits supervision between two regulators according to what a business actually does. The Central Bank of Kenya takes wallets and custody, payment processing, stablecoin issuance and conversion between virtual assets and shillings. The Capital Markets Authority takes exchanges, brokerage, investment advice, asset management, token offerings and tokenisation.

For a firm like ours, that second list is the relevant one. Digital asset management sits with the CMA.

Providers already operating when the Act commenced have until 4 November 2026 to bring themselves into compliance. That is a real deadline with a real date.

Why this is good news

Regulation gets described as a burden often enough that the opposite case is worth stating plainly. For institutional participants, licensing is not an obstacle to entry. It is the precondition for it.

Boards cannot approve allocations to a sector with no supervisory perimeter. Trustees cannot sign off on custody arrangements with no standards behind them. Auditors ask questions that an unlicensed counterparty cannot answer. Rules on capital, custody, conduct and AML do not make digital assets safe, but they make them assessable, and assessable is what an investment committee needs.

The Act also sorts the field. Firms that built governance and KYC before anyone required it will move through licensing at a different pace from those now retrofitting it. BTX Capital has taken the compliance-first posture from inception, which is why our stated ambition to become East Africa's first publicly listed digital asset treasury company always carries the words subject to regulatory approval. We use that phrase deliberately.

What to do about it

If your organisation holds, moves or plans to hold virtual assets in Kenya, the useful work now is mapping what you do against which regulator claims it, and confirming that any provider you rely on is on a credible path to licensing before November 2026. Requirements are still settling in places, so verify the current position with counsel rather than with an article.

This article is general commentary, not legal advice. Institutions should take independent professional advice on current regulatory requirements.