Did you know? Enacted Legislation 2025

As the year 2025 progressed, as we wrestled through life’s vicissitudes, as we thrived in our endeavors, the following laws were enacted and are now in force:

  1. Conflict of Interest Act

This Act consolidates and streamlines the legal framework for identifying and managing conflicts of interest within the public service, effectively repealing the Public Officer Ethics Act. Under the oversight of the Ethics and Anti-Corruption Commission (EACC), the new law in summary:  

  1. Prohibits public officers from according preferential treatment to individuals, restricts undue external influence in public contracts, and strictly limits secondary employment.
  2. Dictates rigorous financial disclosures and establishes stiff penalties, including fines and imprisonment, to ensure that personal interests do not undermine official responsibilities.
  1. Gambling Control Act

Marking a decisive shift from the long-standing Betting, Lotteries, and Gaming Act (Cap. 131), this Act introduces a modern regulatory regime for the gambling industry. It establishes the Gambling Regulatory Authority to oversee licensing and compliance, with a heavy focus on protecting the public interest and curbing the negative social impacts of betting. Key features include stricter licensing standards, enhanced consumer protection measures, and a more robust framework for governing online gambling and the use of technology in the sector.

  1. Government Owned Enterprises Act

Designed to enhance the performance and accountability of state corporations, this Act establishes a clear ownership and legal framework for Government Owned Enterprises (GOEs). It separates ownership roles between the National Treasury and relevant Ministries, positioning the government as an active but non-interfering owner. The law categorizes entities based on commercial objectives, requiring them to operate on commercial principles while providing a transparent structure for funding public service obligations that do not interfere with their bottom line.

  1. Insurance Professionals Act

This Act aims to professionalize the insurance industry by mandating that all practitioners—including underwriters, claims handlers, and agents—undergo formal training and pass standardized examinations. It establishes a regulatory body to maintain a professional register, enforce a code of ethics, and manage Continuous Professional Development (CPD) requirements. By raising entry requirements and disciplinary standards, the law seeks to build consumer trust and ensure high-quality advice and service delivery within the sector.

  1. Persons with Disabilities Act

A significant update to Kenya’s human rights framework, this Act broadens the definition of disability to include long-term conditions and, for the first time, psychological impairments like burnout and anxiety. It shifts disability inclusion from a voluntary practice to a legal obligation, requiring employers with 20 or more staff to reserve at least 5% of jobs for persons with disabilities. The law also restructures the National Council for Persons with Disabilities and provides for specific incentives and tax reliefs to promote accessibility.

  1. Privatization Act

Replacing the former Privatization Commission with the Privatization Authority, this Act overhauls the rules for selling state assets to improve fiscal management and service delivery. It introduces a mandatory eight-year “Privatization Programme” that requires both Cabinet and Parliamentary approval, ensuring greater democratic oversight. The law expands privatization methods beyond simple sales to include hybrid models like joint ventures and management buyouts, while prioritizing public participation and transparency in every transaction.

  1. Social Protection Act

This legislation provides a comprehensive legal framework for the administration of non-contributory social protection programs in Kenya. It establishes the National Board for Social Protection to coordinate efforts aimed at cushioning vulnerable households against economic shocks and poverty. The Act focuses on building human capital and resilience, ensuring that social assistance is administered efficiently and reaches those most in need to promote long-term financial self-sufficiency.

  1. Supplementary Appropriation Act, 2025

This Act serves as a vital fiscal tool, authorizing the government to adjust the national budget mid-year to account for unforeseen expenditures or reallocate funds between departments. It provides the legal basis for the National Treasury to issue funds from the Consolidated Fund to address urgent priorities that were not fully captured in the primary annual budget. In 2025, this Act was instrumental in aligning public spending with emerging economic needs and administrative shifts within the executive branch.

  1. Virtual Asset Service Providers Act

In a major policy reversal regarding digital currencies, this Act creates a formal licensing and regulatory framework for Virtual Asset Service Providers (VASPs). It defines virtual assets as digital representations of value and requires all entities trading or transferring these assets to be licensed. The law specifically addresses previous gaps in Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) oversight, bringing Kenya’s digital asset market into compliance with international financial standards.

Mwanzia Muinde

Lawyer

Samuel Aywa

Managing Partner

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