Kenya Releases Cryptocurrency Regulation Draft for Public Feedback

Kenya is taking a significant step towards cryptocurrency regulation by introducing a draft proposal titled “National Policy on Virtual Assets and Virtual Asset Service Providers.” The proposal, which is open for public feedback until January 24, signals a notable shift from the cautious stance previously maintained by the Central Bank of Kenya (CBK).

Treasury Cabinet Secretary John Mbadi emphasized the government’s commitment to developing a robust legal framework for cryptocurrencies. “The government is committed to creating the necessary legal and regulatory framework to ensure a fair, competitive, and stable market for cryptocurrencies in Kenya,” Mbadi said during the announcement on January 10.

This move positions Kenya to join regional leaders like South Africa and Nigeria, which have already implemented cryptocurrency regulations.

A Blueprint for Kenya’s Crypto Market

The draft policy aims to address critical issues associated with virtual assets, such as money laundering, terrorism financing, and consumer protection. According to the proposal, the primary objective is to establish a stable and well-regulated market for cryptocurrencies and virtual asset service providers (VASPs).

“The main objective of this policy is to guide the development of a fair, competitive, and stable market for virtual assets and virtual asset service providers in Kenya,” the draft reads.

Additionally, the proposal outlines standards and procedures to govern virtual asset activities and ensure compliance with anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. If adopted, the Kenya Cryptocurrency Regulation will serve as a comprehensive framework for the country’s burgeoning crypto sector.

Public Input and Next Steps

The draft proposal is currently open for public feedback, with stakeholders encouraged to submit their views by January 24. This inclusive approach reflects the government’s intent to build a balanced regulatory environment.

Cryptocurrency advocate and Nairobi-based fintech expert Joseph Mwangi praised the initiative: “This is a critical step forward for Kenya. Regulating cryptocurrencies will provide much-needed clarity for businesses and consumers while ensuring safeguards against illicit activities.”

If approved, the Kenya Cryptocurrency Regulation could set the stage for the country to emerge as a key player in the global crypto ecosystem.

Kenya’s Crypto Evolution

Kenya’s journey with cryptocurrencies has been marked by a cautious approach. In December 2015, the CBK issued a public notice warning against the use of cryptocurrencies like Bitcoin, citing concerns over fraud, lack of legal protections, and their potential role in illicit activities.

“Bitcoin and similar products are not legal tender nor are they regulated in Kenya. The public should therefore desist from transacting in Bitcoin and similar products,” the CBK stated at the time.

A turning point came in September 2023 when Kenya completed a comprehensive risk assessment on virtual assets and VASPs. The assessment identified vulnerabilities related to money laundering and terrorism financing and recommended implementing regulatory measures to mitigate these risks.

Kenya’s Crypto Adoption on the Rise

Kenya ranks 21st globally on the Chainalysis Crypto Adoption Index, highlighting its growing role in the crypto space. The country is also a significant player in sub-Saharan Africa, a region where cryptocurrency adoption is rapidly accelerating.

Stablecoin transactions have become a cornerstone of Kenya’s crypto ecosystem, driven by the need to hedge against currency devaluation. According to Chainalysis, stablecoins accounted for 43% of the region’s total transaction volume between July 2023 and July 2024. During this period, Kenya received $3.3 billion in stablecoin transactions, trailing Nigeria ($21.8 billion), South Africa ($13.5 billion), and Ghana ($3.9 billion).

The widespread use of stablecoins underscores the potential impact of Kenya Cryptocurrency Regulation on financial inclusion and economic stability.

Regional Implications of Kenya Cryptocurrency Regulation

Kenya’s efforts to regulate cryptocurrencies could have broader implications for sub-Saharan Africa. As the region grapples with currency volatility and limited access to traditional banking, cryptocurrencies offer a viable alternative for financial transactions and wealth preservation.

“Kenya’s proactive stance on crypto regulation could serve as a model for other African nations looking to harness the benefits of blockchain technology while mitigating risks,” said blockchain analyst Miriam Oduor.

By adopting a regulatory framework, Kenya could attract investment in its fintech sector, fostering innovation and job creation. The Kenya Cryptocurrency Regulation could also enhance the country’s global standing as a forward-thinking hub for digital finance.

While the draft proposal is a promising step, challenges remain. Implementing the Kenya Cryptocurrency Regulation will require significant resources, including technical expertise and inter-agency collaboration.

Moreover, balancing regulation with innovation will be critical to ensure the crypto market thrives without stifling growth. As fintech entrepreneur Samuel Kariuki notes, “Kenya must avoid overly restrictive measures that could drive crypto activities underground. The focus should be on fostering trust and transparency.”

Kenya’s draft proposal for cryptocurrency regulation marks a pivotal moment in the country’s financial evolution. By creating a comprehensive legal framework, the Kenya Cryptocurrency Regulation aims to foster a fair and stable market while addressing risks associated with virtual assets.

As public feedback shapes the final policy, the world will be watching to see how Kenya navigates the complexities of regulating this dynamic sector. If successful, the initiative could position Kenya as a leader in cryptocurrency adoption and regulation in Africa.

Get more from The Bit Gazette