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Fintech, Crypto & Technology Law

Crypto Payment Processor & Fiat/Crypto Gateway Licensing in Kenya

A business that moves value between fiat currency and virtual assets, or processes virtual asset payments on behalf of merchants, sits at the intersection of payments law and the new VASP framework.

Njau & Associates Advocates/Published 2026-08-17/Reviewed 2026-08-17/7 min read

Virtual asset payment processing sits among the activities generally associated with Central Bank of Kenya oversight, reflecting its function as a payment rail rather than an investment or trading activity. Businesses in this category should also expect their analysis to touch Kenya's existing payment systems law, since a crypto-fiat gateway is, functionally, a payment service with a virtual asset leg.

Mapping the transaction flow

The starting point for any payment processor is a precise map of how value actually moves: where fiat currency enters, where it converts to or from a virtual asset, who holds funds at each stage, and where settlement finally occurs. This map, not the marketing description of the product, is what determines the regulatory analysis.

Key regulatory touchpoints

  • Custody of transitional balances. Funds held between conversion and settlement should be segregated and accounted for, similar to custodial wallet requirements.
  • Conversion pricing and disclosure. Customers and merchants should receive clear disclosure of exchange rates and fees applied at each conversion step.
  • AML/CFT/CPF at the payment layer. Transaction monitoring should be calibrated to payment patterns, including merchant settlement flows, not only individual customer onboarding.
  • Cross-border flows. Payment processors handling foreign-currency settlement should confirm their flows against Central Bank of Kenya foreign exchange rules in addition to VASP-specific requirements.

Overlap with other licence categories

A payment processor that also custodies virtual assets between conversion legs, or that operates its own conversion engine resembling an exchange, may need to consider its position under more than one activity category. This is a common structuring point for fintechs adding a crypto rail to an existing payments business, and it should be assessed activity by activity rather than assumed to be covered by a single payment licence.

For existing licensed payment businesses adding a crypto rail

A business already licensed or authorised under Kenya's existing payment systems framework should not assume that authorisation extends automatically to a new virtual asset function. The VASP Act creates a distinct licensing requirement for virtual asset activities, which should be assessed and, where required, applied for separately alongside your existing payment authorisation.

Adding a crypto rail to a payments business?

We map your transaction flow against the VASP framework and your existing payment authorisations.

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Key legal & regulatory sources

  • Kenya Law — Virtual Asset Service Providers Act, 2025 (Act No. 20 of 2025)
  • Kenya Law — Virtual Asset Service Providers Regulations, 2026 (Legal Notice No. 134 of 2026)
  • Central Bank of Kenya and Capital Markets Authority public guidance on VASP licensing

Frequently asked questions

Does a merchant accepting crypto payments need a VASP licence?

Generally, a merchant simply accepting virtual assets as payment for its own goods or services is not itself providing a virtual asset service. The payment processor facilitating the conversion and settlement on the merchant's behalf is the party whose activity is more likely to require licensing.

Can an existing e-money or payment licence cover a new crypto payment feature?

Not automatically. A virtual asset payment function is a distinct regulated activity under the VASP Act and should be assessed, and licensed if required, on its own terms alongside any existing payment authorisation.

What foreign exchange rules apply to crypto-fiat conversion?

Cross-border and foreign-currency elements of a payment flow should be checked against Central Bank of Kenya foreign exchange rules in addition to the VASP-specific licensing analysis, since the two frameworks apply concurrently.

Related insights

The information on this website is general in nature, is not legal advice, and does not create an advocate-client relationship. Figures, fees, capital thresholds and procedural requirements under the Virtual Asset Service Providers Act, 2025 and the Virtual Asset Service Providers Regulations, 2026 should be confirmed against the current Gazette text and regulator guidance before action is taken. Please contact Njau & Associates Advocates for advice on your specific circumstances.