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MMS Advocates

Investment in Kenya: Policy & Legal Developments – July 2025

Allan Mzungu··4 min read

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.


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.

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