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Implications of new law in capital markets
Until the new framework is clarified, ownership-related compliance will remain an important consideration in transaction planning, and market participants may need to build additional regulatory contingencies into deal structures and timelines.
The Capital Markets (Amendment) Act, 2025 (Amendment Act) introduces a significant shift in the regulation of ownership structures within Kenya's capital markets sector.
The Amendment Act repeals the statutory ownership restrictions previously contained in Section 29(4) to (7) of the Capital Markets Act (Cap. 485A) (CMA Act) and replaces them with a framework under which ownership limits will be prescribed through regulations issued by the Cabinet Secretary responsible for matters relating to capital markets, in consultation with the Capital Markets Authority (CMA).