Gambling Control Act 2025

Part I - Preliminary

1. Short title

This Act may be cited as the Gambling Control Act, 2025.

2. Interpretation

In this Act, unless the context otherwise requires—

• "Authority" means the Gambling Regulatory Authority of Kenya established by section 6;
• "bet" means a wager or stake of money or money's worth, or any other valuable thing by or on behalf of any person;
• "casino" means any designated premise or part of a premise, approved virtual or online platform or a site where a person may participate in a game approved by the Authority;
• "gambling" means the playing of a game of chance for prize winning and includes lottery betting, prize competitions, and media promotions with prizes;
• "licence" means a legal authorization issued by the Authority and which is subject to compliance with specific conditions and standards prescribed by the Authority;
• "online gambling" means any form of gambling in which persons participate by the use of remote communication and on the internet;

3. Objects and purpose of the Act

The objects and purpose of this Act is to—

• (a) provide a framework for regulation and control of gambling activities;
• (b) authorise some gambling activities and prohibit the rest as unlawful gambling;
• (c) promote the development of a responsible gambling industry;
• (d) minimize social harm associated with gambling;
• (e) ensure integrity and fairness in licensed gambling activities; and
• (f) provide for the establishment of mechanisms for resolution of disputes relating to gambling.

Part II - Functions of the National Government and County Governments

4. Functions of the National Government

• (1) The National Government shall—
  • (a) establish policies, norms and standards for the conduct of betting, lotteries, casinos and other forms of gambling;
  • (b) regulate the gambling industry in accordance with this Act;
  • (c) licence gambling activities including online gambling in accordance with this Act;
  • (d) licence national lotteries;
  • (e) conduct security checks, vetting and due diligence in respect of gambling activities;
  • (f) enforce compliance with this Act;
  • (g) conduct anti-money laundering risk-based inspections and inspections to combat financing of terrorism through casinos and any other forms of gambling;
  • (h) regulate and supervise the reporting institutions licensed under this Act;
  • (i) provide capacity building and technical assistance to county governments; and
  • (j) perform any other function as may be prescribed under this Act or any other written law.
• (2) In the discharge of its mandate under subsection (1), the Authority shall collaborate with county governments and county gambling regulatory authorities.

5. Functions of county governments

A county government shall—

• (a) implement and ensure compliance to this Act;
• (b) issue trade permits for gambling premises;
• (c) implement policy standards and norms of gambling within its jurisdiction;
• (d) ensure periodic monitoring and evaluation of betting, lotteries and gaming trade permits issued by county governments;
• (e) handle complaints and facilitate arbitration; and
• (f) perform such other functions as are incidental to the exercise of any or all of the county government functions provided for under this Act.

Part III - Establishment of the Gambling Regulatory Authority of Kenya

6. Establishment of the Authority

• (1) There is established an Authority to be known as the Gambling Regulatory Authority of Kenya.
• (2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; borrowing money; entering into contracts; and suing and being sued.
• (3) The Authority shall be the successor of the Betting Control and Licensing Board established under section 3 of the Betting, Lotteries and Gaming Act (Cap. 131).
• (4) The headquarters of the Authority shall be in Nairobi, but the Authority may establish offices at such other places in Kenya as may be necessary.

7. Board of the Authority

(1) The management of the Authority shall vest in a Board which shall consist of—

• (a) a Chairperson who shall be appointed by the President;
• (b) the Principal Secretary in the Ministry for the time being responsible for matters relating to gambling;
• (c) the Principal Secretary in the Ministry for the time being responsible for the National Treasury;
• (d) the Attorney-General;
• (e) two persons, not being public officers, appointed by the Cabinet Secretary... one shall represent persons with disabilities; and one shall represent faith-based organizations;
• (f) two persons nominated by the Council of Governors and appointed by Cabinet Secretary; and
• (g) the Director-General who shall be an ex officio member.

8. Qualification for appointment to the Board

(1) A person shall be qualified for appointment as the Chairperson or a member of the Board, if the person—

• (a) is a Kenyan citizen;
• (b) holds a university degree from a university recognized in Kenya;
• (c) has a minimum of ten years working experience in a relevant field;
• (d) was not a director, employee, or shareholder of a gambling operator in the preceding five years;
• (e) meets the requirements of Chapter Six of the Constitution; and
• (f) has submitted to the Cabinet Secretary a written declaration stating that the person does not have any interests in the gambling sector.

9. Vacancy in the Board

The office of the Chairperson or a member of the Board shall become vacant if the holder dies, resigns, is convicted of an offence, is absent from three consecutive meetings, or is removed for gross misconduct, incompetence, or bankruptcy.

10. Functions of the Authority

The Authority shall—

• (a) develop standards and norms for betting, lotteries, casinos and other forms of gambling;
• (b) regulate and control gambling activities;
• (c) issue licences for gambling activities prescribed under this Act;
• (d) develop policies for placing of bet for betting, lotteries and gambling that include a savings component for social health insurance or social retirement benefit;
• (e) monitor the implementation of gambling policies at the national and county level;
• (f) establish and maintain, in consultation with county governments, a register of all gambling machines and devices;
• (g) conduct security checks, vetting and due diligence in respect of gambling activities;
• (h) establish an electronic central real time gambling monitoring system to monitor compliance;
• (i) monitor socio-economic patterns of gambling activities;
• (j) coordinate research and surveys relating to the gambling industry;
• (k) monitor and alleviate illegal cross border gambling activities;
• (l) advise county governments on matters relating to the regulation of gambling activities;
• (m) receive and make determination on complaints from companies and the public;
• (n) establish programmes to improve the capacity of county governments;
• (o) collaborate with the Kenya Revenue Authority to establish a monitoring system for tax compliance;
• (p) perform any other functions conferred by this Act.

11 - 27. Administration and Financials

The Act outlines the Gambling operation Guidelines (s. 11), the Powers of the Board (s. 12), Conduct of Business (s. 13), and Committees (s. 14). It establishes the office of the Director-General (s. 16 - 17), the Corporation Secretary (s. 18), and the Staff (s. 19). It further mandates proper Funds of the Authority (s. 22), Accounts and audit (s. 25), and provides for Protection from personal liability (s. 27).

Part IV - Licences and Permits

28. Licensed gambling activities

(1) A person shall not offer any gambling activity or service unless the activity or service is licensed under this Act.

(2) The Authority shall issue gambling licences under this Act with respect to—

• (a) a public gambling for conducting a table game and operating a slot machine;
• (b) the national lottery;
• (c) a bookmaking;
• (d) licensing of on-the course and off-the course totalisators;
• (e) a prize competition;
• (f) a bingo;
• (g) a pool betting scheme;
• (h) public lotteries as under section 50(2);
• (i) an online gambling;
• (j) gambling equipment and device manufacture or assembling;
• (k) gambling equipment and device sale or distribution;
• (l) gambling equipment testing;
• (m) provision of any gambling software or platform;
• (n) gambling equipment repair and servicing;
• (o) key gambling employees;
• (p) all media promotions with prizes and prize competitions cutting across several counties; and
• (q) any other form of gambling as may be prescribed in regulations.

29. Requirements for licensing

A person shall not be licensed to offer any gambling or betting activity under this Act unless that person—

• (a) is a body corporate in which a minimum of thirty per cent of shares are held by Kenyan citizens; and
• (b) maintains an account with an authorized financial institution registered in Kenya into which it pays all monies relating to the licensed gambling and lottery activity.

30 - 49. Licensing Framework

Sections 30 through 49 lay out the rigorous framework for licensing. This includes the Application for a licence (s. 30), Renewal (s. 31), Refusal (s. 32), Revocation (s. 33), and Suspension (s. 34). It requires the Display of a licence (s. 36), mandates Security for gambling activity (s. 40) and minimum Gambling capital (s. 41). Licensees are required to keep proper Books (s. 42) and submit Accounts (s. 43). Sections 45 through 49 govern the application, endorsement, revocation, and display of trade Permits issued by county governments.

Part V - Control and Licensing of Lotteries

50. Authorization of a public lottery for charitable purposes

(1) The Authority shall issue a licence authorizing the promotion and conduct of a public lottery intended to raise funds for charitable purposes which may include charitable activities for—

• (a) social service;
• (b) public welfare;
• (c) relief of distress;
• (d) recreational purposes;
• (e) sporting purposes;
• (f) any other purpose that may be assigned to it by the Authority.

(5) The Cabinet Secretary shall in consultation with the Authority, set the percentage of the gross revenue of a public lottery that shall be devoted to the object for which the lottery was promoted. The percentage shall not be less than thirty per cent of the gross revenue of the public lottery, but in no case shall the Authority require a proportion greater than forty-five per cent.

51 - 57. Conduct of Lotteries

These sections provide the regulations for the Conduct of a public lottery (s. 51), Authorization of a lottery relating to horse racing (s. 52), Lottery conducted for charitable, sporting or other purposes (s. 53), Lottery incidental to entertainment (s. 54), and Private Lottery (s. 56). A promoter of a lottery authorized under this section who devotes proceeds to activities not permitted commits an offence.

Part VI - Control and Licensing of Betting

58. Bookmaker's licence

The Authority may, in respect of bookmaking, issue—

• (a) an on-the-course licence authorizing a person to carry out the business of a bookmaker at any authorized race meeting;
• (b) an off-the-course licence authorizing a person to carry on the business of a bookmaker at any authorized betting premises;
• (c) a licence authorizing a person to carry on the business as a bookmaker of both on and off the course race; or
• (d) an online bookmakers licence.

59 - 63. Betting Regulations

These sections detail the rules for a Totalisator licence (s. 59), the Laying of totalisator, betting pools and odds (s. 60), Promoter's licence in respect of a pool betting scheme (s. 61), and the Control of betting machines (s. 63). A single bet in a gambling machine shall be a minimum of twenty shillings only.

Part VII - Casino, Slot Machine and Other Forms of Gambling

64. Casinos and other forms of gambling

(1) A person may be granted a licence to operate a casino and other forms of gambling upon meeting the requirements set out in section 29.

(2) The Cabinet Secretary may in consultation with the Authority and the Council of Governors, make regulations prescribing the number of casinos, amusement machines, slot machines and other forms of gambling that may be operated within the counties.

65. Powers of the Authority to inspect

A licensee shall, in respect of each premise where a casino is operated allow the Authority or any person designated by the authority in writing to enter any licensed premise or facility, examine or inspect any machine, seize information for examination, and seal premises where an offence has been committed.

66. Officers of the Authority to be present

The Authority shall ensure that its officers are present in all casinos for purposes of ensuring compliance with the Act and the conditions imposed by the Authority under the relevant licence.

Part VIII - Online Gambling

67. Licensing of online gambling

(1) A person who desires to operate, sell or promote online gambling in Kenya, shall apply, in the prescribed form, for a licence from the Authority for the following—

• (a) an online bookmakers licence;
• (b) an online lottery licence; or
• (c) an online casino licence.

68. Control of online gambling

(2) The Authority shall not approve a system under subsection (1) unless the licensee provides for—

• (a) online security of information;
• (b) safety and security against criminal activities;
• (c) online payment system;
• (d) protection measures against under age gambling;
• (e) protection measures against vulnerability in gambling;
• (f) awareness and education;
• (g) responsible advertising; and
• (h) data protection measures under the Data Protection Act (Cap. 411C).

69 - 80. Online Player Protection and Transactions

These sections provide comprehensive guidelines for the online sector, including the definition of an Online gambling transaction (s. 69), Payment of prizes (s. 70), Minimum amount a person can bet online (s. 71), and mandatory Registration of a player (s. 72) to prevent child gambling.

The Act strictly enforces the maintenance of a Player's account (s. 73), introduces Restriction on credit and inducements (s. 74), and handles Inactive accounts (s. 77). It also lays down Restrictions on foreign operators (s. 79), stating a foreign-based gambling operator shall only be issued with an online gambling licence where the operator is registered in Kenya and has a physical address registered in Kenya.

Part IX - Amusements with Prizes, Prize Competitions, Chain Letters and Gambling Machines

81. Provision of amusements with prize at non-commercial entertainments

A person may provide amusement with prize at non-commercial entertainment where the whole proceeds of the entertainment after deducting the expenses of the entertainment are devoted to purposes other than private gain.

82. Provision of amusements with prize at a commercial entertainment

A person may provide for amusement with a prize on a premise which a permit for the provision of an amusement has been granted by a county government. The amount paid by a person for any one chance to win a prize shall not exceed five thousand shillings, and the money prize for distribution shall not exceed one million shillings.

83 - 86. Amusement Machines and Prize Competitions

These sections authorize county governments to issue Amusement machine licences (s. 83). The Authority authorizes Prize competitions (s. 84) cutting across several counties and Media promotions with prizes (s. 85). Section 86 strictly prohibits Chain letters.

Part X - Advertisement of Gambling Activities

87. Advertisement of gambling

(1) A person shall not, without the approval of the Authority, promote the advertisement of a gambling activity on electronic medium or any other form of communication.

(2) A gambling advertisement shall—

• (a) indicate the addictive nature of gambling;
• (b) notify players to play responsibly;
• (c) prohibit children from playing;
• (d) not use false, misleading or deceptive message likely to create an erroneous positive impression of gambling;
• (e) not be featured or broadcasted on television or radio between six o'clock in the morning and ten o'clock in the evening unless during a live sporting event;
• (f) not be erected on an advertisement billboard of close proximity to a learning institution; and
• (g) dedicate twenty per cent of aired advertisement towards promotion of responsible gambling.

Part XI - The Gambling Appeals Tribunal

88. The Gambling Appeals Tribunal

(1) There is established a body to be known as the Gambling Appeals Tribunal. The Tribunal shall consist of a Chairperson appointed by the President from among persons qualified to be judges of the High Court; two persons appointed by the Judicial Service Commission who shall be advocates of the High Court; and four persons appointed by the Cabinet Secretary.

89 - 91. Operations of the Tribunal

The members of the Tribunal shall be paid Remuneration (s. 89) as determined by the Salaries and Remuneration Commission. Appeals from decisions of the Tribunal (s. 90) can be taken to the High Court within fourteen days. Section 91 outlines the Conduct of business and affairs of the Tribunal.

Part XII - Offences and Penalties

92 - 111. Offence Categories

The Act stipulates severe penalties and fines for a variety of offences, including:

• Offences relating to gambling premise (s. 92)
• False declaration (s. 93)
• Transfer of a licence without the approval of the Authority (s. 94)
• Failure to keep proper books of accounts (s. 95)
• Failure to submit accounts (s. 96)
• Failure to pay levy or a prescribed fee (s. 97)
• Operating without a licence or permit (s. 98)
• Advertisements of unauthorized lotteries (s. 99)
• Sale or distribution of unauthorized tickets (s. 100)
• Prohibition against unlicensed bookmaking (s. 101)
• Prohibition of late bets (s. 102)
• Promotion of unauthorized pool betting (s. 103)
• Unauthorized bookmaking (s. 105) and Unauthorized racing (s. 106)
• Prohibition against touting (s. 107)
• Prohibition against playing games of chance in unlicensed betting premises (s. 108)
• Prohibition against betting with a child (s. 109)
• Obtaining money by cheating in lawful gambling (s. 110)

Part XIII - Miscellaneous Provisions

112. Appointment of inspectors

The Authority and the county government shall appoint duly qualified officers to be inspectors to monitor compliance, examine equipment, investigate complaints, and assist in the detection of offences.

113. Power to enter and inspect land and premises

A gambling inspector may, at all reasonable times enter without warrant and inspect a gambling premise or any other gambling event in which he or she has reason believe that an offence under this Act has been committed.

115. Self-exclusion

(1) A person who has recognized that their gambling is harmful may voluntarily enter a self-exclusion agreement to be excluded from all gambling establishments and all controlled games, including online gambling.

(4) The holder of a licence issued under this Act shall establish mechanisms to give effect to self-exclusion, take steps to prevent any marketing material from being availed to a self-excluded customer, and close any customer accounts of an individual who has entered a self-exclusion agreement.

116 - 123. General Provisions

These final sections cover the Forfeiture of licence or security (s. 116), the Power to seize machines (s. 117), the Prosecution of offences (s. 118), and the Power to make Regulation (s. 119). It officially provides for the Repeal of Cap. 131 (s. 120) and establishes Transitional provisions (s. 121) for the existing Betting Control and Licensing Board.