Banking & Finance Highlights

HIGHLIGHTS

In April 2025, the following were the major Legal and Policy developments we tracked:

CBK released a consultative paper reviewing the Risk-Based Credit Pricing Model (RBCPM) introduced in 2019.
Unregistered foreign lenders lack legal standing to enforce debt in Kenya. In a recent court case, the High Court interpreted the Companies Act, Cap. 486, to mean that unregistered foreign lenders cannot enforce debt claims against Kenyan borrowers in Kenyan courts.
Kenya Lifts Moratorium on Licensing New Commercial Banks. This change is effective from July 1, 2025.
Court of Appeal extends the scope of due diligence required of buyers on land transactions: Mas Construction Limited v Sheikh & 6 others [2025] KECA 349 (KLR
Kenya is actively appealing the tariffs and pursuing a direct free-trade agreement (FTA) with the US.
Government of Kenya Launches National Energy Policy 2025 – 2034
The Supreme Court of Kenya: Harcharan Singh Sehmi & Another v Tarabana Company Limited & 5 Others rules that a Lessee has protected legitimate expectation for renewal of lease if they apply before expiry and the government neither communicates with reason refusal to renew.
The Energy (Energy Management) Regulations, 2025 are published which provides for mandatory energy audits and authorizes licensing of Energy Service Companies (ESCOs)
Kenya Launches National Artificial Intelligence Strategy 2025–2030