Kenya's crypto taxes and regulations: A step forward with room to grow for Web3 innovation

The Kenya Revenue Authority’s announcement that it has collected Sh10 billion from digital asset taxation marks a significant milestone in the country’s efforts to bring the fast-evolving cryptocurrency space into the formal economy.

This achievement reflects Kenya’s commitment to modernising its tax base and recognising digital assets as an important part of the future financial ecosystem. It signals progress in an area that many countries are still grappling with, and that deserves to be acknowledged.

Yet, beneath this headline success lies complex challenges that must be addressed to safeguard Kenya’s position as a leading innovation hub. Having had conversations with various industry stakeholders, it is unclear as to where exactly such contributions came from, as it is understood that no Digital Asset Tax (DAT) had been paid by any stakeholders due to the impracticalities of its mechanics and its unconstitutionality.

Compounding the confusion, industry stakeholders have expressed that Kenya still has too many taxes that apply to an industry that requires stimulus to grow, which is causing existing stakeholders to reconsider operations in Kenya and migrate to jurisdictions with more tax-friendly regimes and potential stakeholders to not even engage.

In Kenya, the average Virtual Asset Service Provider (VASP) would need to pay corporate income taxes (CIT), value-added taxes (VAT), and an excise duty tax (Duty). No rocket scientist is needed, but this does not invite foreign direct investment (FDI). Another key question that arises is whether this amounts to double taxation, which is objected to at a constitutional level.

While the government has good intentions in widening the tax base, it risks stifling the very innovation it aims to encourage. Web3 and blockchain technologies represent a paradigm shift in how value is created, exchanged, and stored.

Unlike traditional finance, many digital asset movements do not reflect profit or economic gain, but rather utility, security practices, or community participation.

For example, transferring $50 worth of USDT from a custodial wallet to a cold wallet for safekeeping is not a taxable event in the conventional sense, yet under previous DAT rules, it triggers a tax obligation.

This disconnect creates practical difficulties for taxpayers and platforms alike, who must attempt to value volatile assets and remit taxes within tight deadlines that do not reflect the blockchain’s dynamic nature.

On the consideration of a VASP, under the current 3 layers of tax, if it made a 2 % commission on the $50 transfer, i.e. $1, the VASP would pay CIT and a Duty on that fee and still VAT, whose cost is most likely added to the users. Seems very unfair when you contrast the taxes applicable to banks and mobile money service providers.

Fortunately, there is reason for optimism. Discussions in Parliament around the Virtual Assets and Service Providers (VASP) Bill show growing awareness of these challenges. Amendments being proposed, including by lawmakers like Hon. CPA Kuria Kimani and the members of Kenya's National Assembly Finance & Planning Committee, reflect a willingness to refine Kenya’s approach to digital asset taxation and regulation. 

The industry still welcomes the repeal of the DAT as a first step in the right direction. The industry has also welcomed the refinancing of penalty provisions in the VASP Bill so that they are not overly punitive, as no industry is immune from mishaps.

This is also one of those rare moments in history where the regulator has used almost 90% of the industry players’ inputs to craft legislation, which included various global, regional, and local stakeholders.

When considering what more is required, the path forward lies in balancing fiscal responsibility with innovation enablement. Stakeholders have advocated for VAT exemptions in the first instance and a reduction of the Duty.

The motivation for this is to draw more stakeholders in as tax contributors and grow the industry to a point where it is ripe enough to increase taxes gradually. Taxes are one of the fundamental building blocks of any economy, but so are job creation, FDI and innovation.

Additional next steps include a balancing act of not having too many hands in the pot to spoil the dish, but also having the diverse interests appropriately represented. Because you also can't put lipstick on a pig expecting it to behave differently.

This is said against the formation of the Virtual Assets Regulatory Authority (VARA) in the VASP Bill, which should be celebrated as it includes Tradfi regulators joining forces and local industry representation. 

As a point of reflection, industry regulators must be wary of the cannibalistic traits found in emerging industries where regulators are damned if they do and damned if they don't. At the end of the day, there is always room for adjustment where necessary.

Kenya has an opportunity to lead Africa’s digital economy by crafting a regulatory environment that is both fair and practical. Achieving this will require ongoing collaboration between government, industry experts, developers, and civil society to define digital assets clearly, establish reasonable tax thresholds, and develop workable compliance frameworks.

Failing to do so risks driving innovators, investors, and startups to friendlier regulatory environments, an outcome that would undermine Kenya’s standing as Africa’s Silicon Savannah, and lose the opportunity to capitalize on the next big waves in Africa such as stablecoins, that are being looked at as economic monetary tools and proof of reserves as the battle against the dollar continues.

The digital revolution is too important to be slowed by outdated or overly broad policies, Fear Uncertainty and Doubt (FUD), or bad actors detracting from the collective's efforts. Kenya’s progress so far is commendable. Now is the time to build on that foundation with thoughtful regulation that nurtures innovation while ensuring sustainable revenue.

By embracing dialogue, clarity, and adaptability, Kenya can secure both a prosperous digital economy and a thriving innovation ecosystem for generations to come.

 Larry Cooke is the Africa head of Legal Counsel at Binance.