Betting, Lotteries, and Gaming Act of 1966
Most of the gambling-related regulations come from the Betting, Lotteries, and Gaming Act of 1966. The Act establishes a Betting Control and Licensing Board that regulates gambling activities.
The obligations under the current regulatory framework in Kenya are distributed between County and National Governments. County Governments grant an equivalent of licenses or business permits to operators that want to offer their services within that jurisdiction in particular. The type of licenses, permits, and approvals County Governments grant are determined by the size of the premises, location of the premises, number of employees, and the product offered, among others.
National Governments, on the other hand, are tasked with granting licenses that authorize operators to work in Kenya. National Governments through the Betting, Lotteries, and Gaming Act can grant licenses or permits for offering different types of gambling activities and authorization to advertise such.
While 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.
While applying for a seal of approval, operators need to comply with a number of restrictions that have to do with the number of gaming machines within 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
Nairobi City County Betting, Lotteries and Gaming Act of 2021 is an Act of the Nairobi City County Assembly that seeks to cover all forms of gambling and aims at controlling and licensing totalizator premiers, betting, and gaming. The protection of minors is among the key aspects of the Act, and anyone who is found to breach its provisions will face a fine of up to KES200,000 and/or will be sent to prison for a term of up to three months.
Online Gambling in Kenya
The Betting, Lotteries and Gaming (Online Gaming) Regulations of 2019 is a piece of legislation in Kenya which deals with gambling activities in virtual form, including betting on sports, lotteries, and casino gaming, among others.
The Betting, Lotteries, and Gaming Regulations Act of 2019 provides the room that is needed to address the aspects in which the Betting, Lotteries, and Gaming Act does not deliver. Thus, when other regulatory provisions are taken into consideration, overseas gambling operators must create and maintain an in-house customer care center in the country, where players can get 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 aims at providing the requirements operators need to comply with while collecting and processing data.