Investment in Kenya: Policy & Legal Developments – July 2025


At a Glance

  • GDP rebound: Growth projected at 5.2–5.4% in 2025 after a 2024 slowdown.
  • Stable shilling: Averaging KES 129.3/USD with record remittance inflows.
  • Moderate inflation: 3.8% in June 2025, within CBK’s target range.
  • High interest rates: T-bill yields remain in double digits, limiting private sector credit.
  • Political unrest: Youth-led protests shaping policy debates and investor sentiment.
  • Key reforms: Changes in tax laws, SEZ governance, data protection, and virtual asset regulation.

1. Economic Overview

Growth Outlook
Kenya is showing signs of a modest rebound in 2025, with GDP growth forecast between 5.2% and 5.4%. Gains in agriculture and resilience in ICT, finance, and real estate are helping offset the drag from high interest rates, credit constraints, and a widening fiscal deficit.

Foreign Exchange Stability

  • KES 129.3/USD average in 2025 (narrow band 129.00–129.50)
  • Diaspora remittances: USD 440.1M in May, up 4.1% from April
  • Forex reserves: USD 10.89B (4.9 months import cover)
  • Stability supported by reduced speculative hoarding, stronger investor sentiment, and easing inflation

Inflation Trends

  • Annual inflation steady at 3.8% in June (down from 4.6% in June 2024)
  • Key drivers: Food & beverages (+6.6%), transport (+3.2%)
  • Declines in electricity & kerosene prices helped offset food price rises

Interest Rates

  • 91-day T-bill: 8.14%
  • 182-day T-bill: 8.46%
  • 364-day T-bill: 9.72%
    High government borrowing continues to crowd out private sector credit.

2. Political Landscape & Investor Confidence

Youth-Led Protests
Since mid-2024, nationwide demonstrations have pressed for accountability, tax reform, and better governance. Protests have disrupted business and heightened public scrutiny of corporate positions on civic issues.

International Reaction
A coalition of 12 diplomatic missions—including the U.S., UK, Germany, and Nordic states—has expressed concern over law enforcement practices.

Major Non-NATO Ally Status
Kenya’s designation as a Major Non-NATO Ally (MNNA) in May 2024 strengthens defence and security ties with the U.S., opening new opportunities for joint research, training, and access to surplus military equipment.


3. Key Legal & Policy Developments

Privatisation Resumes

Government targets KPC IPO by end of 2025 under the 2005 Privatisation Act after court challenges to the 2023 law.
Other SOEs earmarked for privatisation: National Oil, Kenya Seed, KICC, NCPB mills, Rivatex, and more.

Finance Act 2025 – Major Tax Changes

  • SEPT expansion: Applies to all qualifying non-residents; no turnover exemption.
  • Digital Asset Tax repealed following pushback.
  • Broader “royalty” definition now covers software licences without IP transfer.
  • Advance Pricing Agreements – up to 5 years validity.
  • Withholding tax expansion – includes public procurement & digital marketplaces.
  • Employment tax changes: Higher per diem allowance, removed non-citizen exemptions.
  • Loss carry-forward limit: Now 5 years.
  • Sports facility investment deductions now allowed.
  • NIFC incentives: Reduced CIT rates for qualifying investment.

SEZ Governance Changes

  • Tax benefits capped at 10 years.
  • Expanded “BPO” definition.
  • Stricter investment and compliance thresholds.
  • Higher fines for poor record-keeping (KES 5M).

Tax Administration

  • eTIMS mandatory for all businesses for all transactions (few exceptions).
  • New data privacy safeguards introduced.

4. Emerging Regulatory Themes

Mental Health in the Workplace
Court rulings and the Mental Health (Amendment) Act, 2022 are making accommodation for mental illness a legal duty for employers. Workplace wellness guidelines are now seen as compliance benchmarks.

Data Protection Enforcement
ODPC expanding regional offices, increasing fines, and introducing stronger independence measures. A Data Protection Amendment Bill, 2025 proposes GDPR-style rights like data portability and safeguards against automated decision-making.

FATF Grey Listing
Kenya remains under increased monitoring for AML/CFT weaknesses. The Anti-Money Laundering and Combating of Terrorism Financing (Amendment) Act, 2025 strengthens VASP regulation and DNFBP oversight.


5. Sector-Specific Laws & Policies

Virtual Asset Service Providers Bill, 2025

  • Mandatory licensing for exchanges, wallets, ICOs, and related services.
  • ICOs require full project disclosure.
  • Heavy penalties for fraud, manipulation, and unlicensed operations.

Public Benefits Organisations Regulations, 2025 (Draft)

  • New public benefit test for registration.
  • Stronger annual reporting & governance rules.
  • Allows compliant income-generating activities for sustainability.

National Building Code, 2024

  • Mandatory fibre-optic readiness in multi-unit buildings.
  • Stricter fire, safety, and accessibility standards.

New Work Permits & Visa-Free Policy

  • Class N: Digital Nomad Permit.
  • Class P: Diplomatic & NGO staff.
  • Class Q: Religious/charitable professionals.
  • Class R: EAC citizens (simplified access).
  • Visa-free entry for most African & Caribbean nations; eTA streamlined for others.

6. What This Means for Businesses

Opportunities

  • Stable currency & low inflation aid planning.
  • Privatisation offers new investment entry points.
  • NIFC & SEZ reforms could attract strategic investors.

Risks

  • High interest rates limiting credit.
  • Political unrest could disrupt operations.
  • Compliance costs rising with new tax, data, and AML rules.

Compliance Priorities

  • Align with new Finance Act provisions.
  • Update HR policies for mental health accommodation.
  • Register with ODPC if applicable.
  • Prepare for eTIMS full integration.

Outlook:
Kenya’s 2025 investment climate balances stability in key macroeconomic areas with persistent political risks and a fast-evolving regulatory landscape. Well-prepared investors who adapt early to legal and tax changes can position themselves to benefit from ongoing reforms.

Author:
Allan Mwamuye Mzungu is a Partner at MMS Advocates. His main areas of practice are corporate commercial, transactional advisory, banking and finance, property and conveyancing, litigation, construction and general corporate and commercial law.