The application process under the CBK (Digital Credit Providers) Regulations, 2022 requires fintech companies (digital credit businesses in Kenya) to submit the documents, including a duly filled application form, a business plan, details about the services the applicant intends to offer, information on the applicant’s corporate structure and ownership, and proof of financial resources. Once submitted, the CBK will review the application and issue a license if the applicant has met the requirements.
After obtaining a license, a company must continue to meet all legal requirements. The specific requirements will depend on the nature of the business and the services the company provide. These include adequate capitalisation, robust risk management systems, adequate customer protection measures, and compliance with anti-money laundering laws and regulations. Failing to meet these requirements can result in losing the license or facing other legal penalties.
The CMA, on the other hand, regulates fintech companies involved in securities trading and capital markets. Their guidelines aim to ensure these companies operate fairly and protect investors from fraud. Companies must disclose all necessary information to investors, keep accurate records, and have strong internal controls and risk management systems.
Additional comments regarding the legal situation for payment services or what FinTech’s must be aware of in this business area
With the rapid growth of FinTech industry in Kenya, it is possible that the Kenyan regimes may diversify from the current regimes in the near future. With the proposed new law on provision of digital asset services, the Virtual Asset Service Providers (VASP) Bill, 2025, Kenya is once again setting the pace for digital finance innovation in Africa, building on the runaway success of M-Pesa. The bill, if successfully enacted into law, will significantly reshape the future of cryptocurrency regulation and usage in Kenya.
Economic conditions
Market size for payment services and biggest payment service providers
While there exist more than 100 FinTech companies that provide digital financial services in Kenya, mobile wallet payments driven by M-PESA (Africa’s largest mobile money platform and a product of the Kenyan mobile network operator Safaricom) showed a 12.7% Compound Annual Growth Rate (CAGR) between 2020 and 2024. This has been fueled by the COVID-19 pandemic, which saw the country significantly migrate from cash payments to e-payment systems with majority of Kenyans opting to use the M-Pesa platform
Additional comments regarding the economic situation for payment services or what FinTech’s must be aware of in this business area
In line with Kenya’s shared commitment to fostering innovation and financial inclusion within this evolving digital landscape, the Government of Kenya has entered a partnership with Safaricom to accelerate the adoption of payment acceptance and cross-border remittance services in Kenya. This collaboration is set to benefit over 636,000 merchants using M-PESA.