Banking & Fintech Law

We assist financial institutions and fintech companies in obtaining the appropriate licenses to operate within Kenya and across African jurisdictions.

• Licensing under CBK, CMA, SASRA, RBA, and the Data Commissioner
• Authorization for fintechs, banks, payment service providers, and collective investment schemes
• Advisory on sandbox participation and regulator engagement
• License applications (e.g., digital lenders, fund managers, e-money issuers, PSPs)
• Structuring capital, governance, and compliance frameworks for licensees
• Cross-border licensing strategies and coordination
• Ongoing liaison with regulators during application and post-licensing phases

We provide legal structuring and compliance support for both traditional and emerging financial products.

• Structuring savings products, lending platforms, collective investment schemes, and structured finance instruments
• Legal design of digital banking, BNPL, micro-investment, DeFi, and embedded finance solutions
• Advisory on CBK, CMA, KYC/AML, consumer protection, tax, and data regulations
• Regulatory classification and risk assessments
• Drafting fund prospectuses, information memoranda, and compliance documentation
• Legal advisory on cross-border financial services under AfCFTA, EAC, and COMESA frameworks

We provide tailored advisory to banks, digital lenders, mobile money providers, and payment processors.

• Structuring agency banking, digital wallet integration, and merchant acquisition frameworks
• Drafting agreements with payment processors, telcos, and banks
• CBK and international compliance for PSPs, issuers, acquirers, and switch operators
• Dispute resolution for failed transactions, chargebacks, and reconciliation errors
• Advisory on cross-border payment solutions and remittance regulation
• Interoperability, settlement, and escrow structuring

We offer consultancy services and guide clients through the legal complexities of blockchain, digital assets, and tokenized financial products.

• Legal structuring of tokenized securities, crypto exchanges, and NFT platforms
• AML/CTF and consumer protection frameworks for crypto operators
• Whitepaper legal review and token classification (utility, security, governance)
• Regulatory strategy for Web3 platforms, custodians, and staking services
• Cross-jurisdictional compliance and risk advisory
• Monitoring of regulatory trends (e.g., CMA sandbox, FATF, MiCA, SEC/CFTC)

We help banks and fintechs implement robust data governance and compliance systems aligned with local and international standards.

• Compliance with the Data Protection Act and CBK cybersecurity guidelines
• Privacy policy drafting and cross-border data flow structuring
• Data Protection Impact Assessments (DPIAs) and breach response planning
• Third-party vendor data risk management and processor due diligence
• Advisory on AI use in financial services (e.g., credit scoring, fraud detection)
• Internal team training and DPO advisory services

We represent financial institutions and fintechs in managing complex regulatory and commercial disputes.

• Representation in CBK, CMA, and tribunal enforcement actions
• Resolution of user, partner, and vendor disputes
• Advisory on whistleblower retaliation and internal investigations
• Handling of collective investment scheme and shareholder disputes
• Crisis response for fraud, cybersecurity incidents, or regulatory breaches
• Reputational risk management and public relations advisory during investigations