P2PTab

Crypto Tax in Kenya: Excise on Fees, the VASP Act and Gains

By the P2PTab editors · Updated October 6, 2026

Kenya: KES, excise duty on fees

If you've read that Kenya taxes crypto gains at 15% capital gains tax, check the Act before you pay it. For individuals, the capital gains rules in the Income Tax Act cover land in Kenya and marketable securities situated in Kenya, and the Act doesn't mention crypto at all. What is certain: the old 3% Digital Asset Tax has been repealed, a 10% excise duty now applies to the fees exchanges charge, and exchanges serving Kenyans must be licensed under the new VASP Act.

What changed in 2025 and 2026

Digital Asset Tax (s.12F) Repealed by the Finance Act 2025
Excise duty 10% on fees charged by virtual asset service providers, from 1 July 2025
VASP Act 2025 In force since 4 November 2025; no one may provide virtual asset services in or from Kenya without a licence
VASP Regulations 2026 Gazetted and in force from 22 July 2026
Existing providers Must comply within a year of the Act starting, so by early November 2026
Year of income Calendar year
Returns due 30 June (returns for 2025 were due 30 June 2026)

The excise is charged on the exchange's fee, not on the amount you trade, and it's the exchange that accounts for it.

Does Kenya tax crypto gains?

Kenya Revenue Authority page on capital gains tax, listing gains on the transfer of property situated in Kenya and on shares in entities that draw their value from Kenyan immovable property
KRA's capital gains tax page, captured 6 October 2026. Everything it lists is property situated in Kenya or shares tied to it; crypto isn't mentioned.

The Eighth Schedule, which sets out capital gains tax, defines "property" for an individual as land in Kenya and marketable securities situated in Kenya. Crypto doesn't fit either comfortably, and KRA's own capital gains page talks about land, buildings and shares. Guides that apply 15% CGT to crypto don't point to a provision that says so.

That leaves two possibilities for an individual investor: gains may fall outside the charge, or KRA may treat frequent trading as business income taxed at ordinary rates. The law doesn't settle it, and we haven't found a KRA ruling that does. Until it's settled:

  • keep a complete record of every buy, sell and swap with Kenya shilling values;
  • if you trade often, assume KRA may see it as a business and take advice;
  • watch for guidance as the VASP Act brings exchanges into reporting. The Finance Act 2026 requires providers to file annual information returns, and Kenya has committed to the international crypto reporting framework.

Using the calculator

The calculator converts with the ECB's daily reference rates, and the ECB doesn't publish a shilling rate, so on this page it works in the currency your file uses. It still shows every sale with its cost and gain, which is the record you'd need whichever way the question is answered.

Sources

A Kenyan tax adviser can tell you how KRA is treating crypto in practice.

Work out your gains