Abstract

After almost a decade of stakeholder endeavors, the Kenyan capital market has taken a leap forward by the establishment of a pilot derivatives exchange under the Nairobi Securities Exchange. The stage is now set for the inception of a (formally regulated) derivatives market in Kenya. This paper seeks to provide a sketch of the legal framework for the derivatives market in Kenya. Subsequent articles will fill in the detail and color by attempting to focus on individual aspects of the law and further still analyze the effectiveness of Kenyan law towards maximizing the potential gains of a derivatives market while mitigating and curtailing the challenges and risks involved.

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