CGAP  

 

Kenya

(last updated: 6/15/2010)

Overview of Regulatory Environment



Flag of Kenya
In Kenya, financial institutions involved in microfinance include formal institutions (banks, non-bank financial institutions, licensed Savings and Credit Cooperatives (SACCOs)); semi-formal institutions (unlicensed SACCOs, non-governmental organizations); and informal institutions (Rotating Credit and Savings Associations (ROSCAs) and moneylenders). Deposit-taking MFIs are regulated by the Central Bank under the Microfinance Act. Regulations for licensing and supervising non-deposit taking financial institutions are under discussion. Under the SACCO Societies Act, SACCOs are to be regulated by the SACCO Societies Regulatory Authority (SASRA) which has established a board and is expected to begin operations and issue regulations in 2010. Recent legislation has been passed related to branchless banking, including the following: Finance Act 2010, which amends the Banking Act and Microfinance Act to allow for use of agents; Proceeds of Crime and Money Laundering Bill 2009 (expected to become operational in June 2010); and Guideline on Agent Banking.
 
Link to Country Profile

Read this INFORMATIVE PROFILE of the legal and regulatory environment for microfinance in Kenya from the Comparative Database on Regulation and Supervision.

Financial Regulator

Central Bank of Kenya (CBK)

Recommended Reading

Link to Country Essay Regulation and Supervision of Microfinance Institutions in Kenya
Omino, G. (2005)
Essays on Regulation and Supervision No. 1
» Microfinance development in Kenya: K-Rep's transition from NGO to diversified holding company and commercial bank
Rosengard, J., A. Rai, A. Dondo, and H. Oketch (2000)
Cambridge, MA: Harvard Institute for International Development
» Update on Regulation of Branchless Banking in Kenya
CGAP (2010)


Laws and Regulations Related to Microfinance and the Financial Sector

Banking Act (as amended through 2010)
Central Bank of Kenya Act (as amended through 2009)
Finance Act, 2010
Microfinance Act, 2006
SACCO Societies Act, 2008
Cooperative Societies Act (Amended) 2004 
Non-Governmental Organizations Co-ordination Act, 1990
Microfinance (Categorization of Deposit Taking Microfinance Institutions) Regulations, 2008
Microfinance (Deposit Taking Microfinance Institutions) Regulations, 2008
Banking (Credit Reference Bureau) Regulations, 2008
 
Laws and Regulations Related to Branchless Banking
Guideline on Agent Banking (CBK/PG/15), 2010

Related Links
Enterprise Survey: Kenya
Snapshot of how firms view the effect of economic and regulatory policies on growth, productivity and efficiency (World Bank/International Finance Corporation)
FIRST Information Exchange: Kenya
Individual country information on financial sector donor projects, a brief description of the financial sector, and links to financial sector reports and diagnostics from international organizations. (Financial Sector Reform and Strengthening Initiative)
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