The Capital Markets (Collective Investments Schemes) Regulations, 2023
28. Avoidance of exclusion clauses
28. Avoidance of exclusion clauses
Any provision of the scheme documents of a collective investment scheme shall be void insofar as it would have the effect of exempting the fund manager, trustee or custodian from liability for any failure to exercise due care and diligence in the discharge of its functions in respect of the scheme.Source: Kenya Law