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Technology, Fintech & Digital Assets

Cryptocurrency, Web3 & Tokenisation Advisory

Digital-asset projects need their legal foundations resolved before they scale.

Overview

Web3, virtual assets and tokenisation raise structural and commercial legal questions that sit alongside Kenya's licensing regime for virtual asset service providers under the Virtual Asset Service Providers Act, 2025 and the 2026 Regulations. This service focuses on the structuring, token design and commercial documentation side of a digital-asset project. Where a project also carries on a licensed activity, such as operating an exchange, custody, payments, brokerage or a token offering, our VASP Licensing & Regulatory Compliance service covers the licensing and supervisory side.

Who this service is for

  • Founders building Web3 or digital-asset projects
  • Businesses exploring tokenisation
  • Platforms handling virtual assets
  • Investors in digital-asset ventures

Typical legal issues we address

  • Legal structure for token projects
  • Smart contract and platform terms
  • Asset tokenisation and underlying rights
  • Data protection and consumer issues
  • Anti-money-laundering considerations
  • Whether an activity requires VASP licensing

How we can assist

  • Advising on structure and legal risk
  • Drafting platform and token documentation
  • Mapping the rights behind tokenised assets
  • Coordinating with VASP licensing where the project requires it

Our approach

Kenya's regulatory position on virtual assets is now set out in statute and subsidiary regulations rather than left to guesswork. We give clear, practical advice grounded in that framework, helping you resolve the foundational structuring questions early and identify where licensing obligations apply.

Related insights

Frequently asked questions

Is cryptocurrency regulated in Kenya?

Yes. The Virtual Asset Service Providers Act, 2025 and the 2026 Regulations now establish a licensing and supervisory framework administered jointly by the Central Bank of Kenya and the Capital Markets Authority. This page covers structuring, token design and commercial documentation; see our VASP Licensing & Regulatory Compliance service for the licensing process itself.

What legal questions matter for tokenisation?

Key questions include what rights a token represents, how those rights are enforced, and how the structure handles compliance, data and consumer issues.

Can you help a Web3 startup structure its project?

Yes. We help founders resolve structure, documentation and compliance questions so the project rests on a sound footing.

The information on this website is general in nature, is not legal advice, and does not create an advocate-client relationship. It should not be relied upon for any specific matter. Requirements may change and should be confirmed against the current law, regulations and regulator guidance before action is taken. Please contact Njau & Associates Advocates for advice on your circumstances.