Betting, Lotteries, and Gaming Act of 1966
Most gambling-related regulations stem from the Betting, Lotteries, and Gaming Act of 1966. The Act establishes the Betting Control and Licensing Board (BCLB), which regulates gambling activities.
The obligations under Kenya’s current regulatory framework are divided between County and National Governments. County Governments issue licenses or business permits to operators that wish to offer their services within a specific jurisdiction. The type of licenses, permits, and approvals they grant depends on factors such as the size and location of the premises, the number of employees, and the products offered.
The National Government, on the other hand, grants licenses that authorize operators to work countrywide. Through the Betting, Lotteries, and Gaming Act, it can issue permits for different types of gambling activities and authorize related advertising.
When applying for a license, the Betting Control and Licensing Board will require security in the form of funds that will not exceed KES40,000. Although this amount can be refunded, it should be noted that the BCLB might forfeit it under certain circumstances. Kenyans who are found to operate gambling venues without the required licensing might face a sentence in jail or a hefty fine.
To obtain approval, operators must also comply with restrictions regarding the number of gaming machines on the premises. Limitations might also be imposed on where one can solicit or tout with a bookmaker. Constraints might also be placed on where liquor can be consumed, sold, or supplied.
The National Government, through the BCLB, issues licenses that are valid for 12 months. The seal of approval might be suspended or revoked if the operator fails to comply with any of the licensing pre-conditions or any other regulatory frameworks.
The Act also provides a description of games that are unlawful, and such are “all games game of chance the chances of which are not alike favorable to all the players, including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet”.
Nairobi City County Betting, Lotteries and Gaming Act of 2021
The Nairobi City County Betting, Lotteries and Gaming Act of 2021 is an Act of the Nairobi City County Assembly that covers all forms of gambling and aims to regulate and license totalizator premises, betting, and gaming. Protecting minors is one of the Act’s key objectives, and anyone who breaches its provisions may face a fine of up to KES200,000 and/or imprisonment for up to three months.
Online Gambling in Kenya
The Betting, Lotteries and Gaming (Online Gaming) Regulations of 2019 is Kenyan legislation that addresses virtual gambling activities, including sports betting, lotteries, and casino gaming.
The Betting, Lotteries, and Gaming Regulations Act of 2019 fills the gaps left by the Betting, Lotteries, and Gaming Act. Among other things, it requires overseas gambling operators to establish and maintain an in-house customer care center in the country, where players can receive feedback on their queries.
The Data Protection Act is a subsidiary legislation that should be considered together with the requirements for the creation and maintenance of a customer care center. The Act sets out the requirements operators must comply with when collecting and processing data.