Kenya Act or statute

Parliament of Kenya

Betting, Lotteries and Gaming Act

Jurisdiction: Kenya
Structure: 80 provisions
Citation: Cap. 131
Dates: As at 20 Jun 2025

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Dates: As at 20 Jun 2025

Source attribution: Source: Kenya Law

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“This Act may be cited as the Betting, Lotteries and Gaming Act.”

This Act may be cited as the Betting, Lotteries and Gaming Act. Section 2 provides definitions of terms used in the Act (for example: "authorized race meeting", "betting premises", "bookmaker", "betting transaction", and "the Board"). Licensees must keep a book with prescribed particulars and regularly enter those particulars; failing to do so or keeping/entering materially false records is an offence punishable by a fine up to ten thousand shillings, imprisonment up to one year, or both. The Betting Control and Licensing Board may require and shall at least once every twelve months require licensees and certain permit-holders to submit audited accounts; auditors must be notified and approved; refusal, failure or knowingly false statements are an offence punishable by a fine not exceeding ten thousand shillings or imprisonment up to one year or both. Licences or permits issued under the Act may not be transferred; a person who transfers or purports to transfer one commits an offence liable to a fine not exceeding two thousand shillings or imprisonment not exceeding two months, or both.

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PRELIMINARY - 1. Short title

This Act may be cited as the Betting, Lotteries and Gaming Act.

Section 1

CONTROL AND LICENSING OF BETTING - 20. Betting transaction ontotalisatorafter time of race prohibited

Betting transactions on a totalisator in respect of a race that are received or permitted after the start of the race are prohibited.

Section 20

CONTROL AND LICENSING OF LOTTERIES - 38. Power of Board to require incorporation of promoters of public lotteries

Before authorising a lottery under section 36, the Board may require the promoters to incorporate as a body corporate under the law on incorporation.

Section 38

GAMING - 55A. Gamingtax

Persons carrying on a gaming business must pay the gaming tax to the Collector on the 20th day of the month following the month of collection.

Section 55A

MISCELLANEOUS PROVISIONS - 70. Regulations

The Board must follow the procedure when exercising any powers conferred on it by this Act.

Section 70

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Showing 80 of 80 provisions

Offence 44Provision 25Repeal 7Substitution 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Betting, Lotteries and Gaming Act.

Section 1. Short title Section This Act may be cited as the Betting, Lotteries and Gaming Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions of terms used in the Act (for example: "authorized race meeting", "betting premises", "bookmaker", "betting transaction", and "the Board").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "authorized race meeting" means a race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") in respect of which a permit authorizing bookmaking to take place thereat has been issued under section 23 ; "betting premises" means premises ("any place, and in sections,,,,andalso includes any vessel;") to which the public has or may have access and which are kept or used (whether on one occasion or more than one) for the purpose of— (a) bets being made therein between persons resorting to the premises ("any place, and in sections,,,,andalso includes any vessel;") and the owner, occupier or keeper thereof, or any person using the premises ("any place, and in sections,,,,andalso includes any vessel;") , or any person procured or employed by or acting for or on behalf of the owner, occupier, keeper or person using the premises ("any place, and in sections,,,,andalso includes any vessel;") , or of any person having the care or management or in any manner conducting the business thereof; or (b) any money ("a cheque, bank note, postal order or money order;") or valuable thing being received by or on behalf of the owner, occupier, keeper or person aforesaid as or for the consideration for any assurance, undertaking, promise or agreement, express or implied, to pay or give, or for securing the paying or giving by some other person of, any money ("a cheque, bank note, postal order or money order;") or valuable thing on any horse race ("a pony race;") , or other race, fight, game, sport, lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or exercise, or any other event or contingency; "betting transaction" includes the collection or payment of winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") on a bet and any transaction in which one or more of the parties is acting as a bookmaker ; "bookmaker" means a person who, whether on his own account or as servant or agent to another person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets, or who in any manner holds himself out, or permits himself to be held out in any manner, as a person who receives or negotiates bets, so however that a person shall not be deemed to be a bookmaker by reason only of the fact— (a) that he carries on, or is employed in operating, a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") in respect of which a licence has been issued under section 18 ; or (b) that he carries on, or is employed in a business that is wholly concerned with, a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") in respect of which a licence has been issued under section 22 ; "Collector" means the Commissioner-General appointed under the Kenya Revenue Authority Act ( Cap. 469 ); "coupon" , in relation to a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") or proposed pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") , includes a document connected with, or designed to assist in the making of, a bet by way of pool betting ("the making of bets (other than bets made by means of totalisator ), whether the bets are made on the system known as a fixed odds betting or otherwise, by a number of persons on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by those persons;") ; "game of chance" includes a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport; "gaming" means the playing of a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") for winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") in money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth; "gaming machine" means a machine for playing a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") , being a game which requires no action by a player other than the actuation or manipulation of the machine; "gaming premises" means premises ("any place, and in sections,,,,andalso includes any vessel;") which are kept or used (whether on one occasion or more than one) for gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , and to which the public has or may have access for the playing therein of a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") , whether the game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") be an unlawful game ("a game of chance the chances of which are not alike favourable 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;") or not; "gaming revenue" means gross turnover less the amount paid out to customers as winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") ; "horse race" includes a pony race; "instruments of gaming" means cards, dice, counters, coins, tickets, gaming ("the playing of a game of chance for winnings in money or money ’s worth;") tables, boards, boxes, or other things devised, or birds and animals used, for the purpose of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; "licensed betting premises" means premises ("any place, and in sections,,,,andalso includes any vessel;") duly licensed in terms of this Act as premises ("any place, and in sections,,,,andalso includes any vessel;") wherein bets may be made and settled; "licensed gaming premises" means premises ("any place, and in sections,,,,andalso includes any vessel;") licensed under this Act as premises ("any place, and in sections,,,,andalso includes any vessel;") to which the public may resort for the purpose of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; "licensee" means a person issued with a licence under any of sections 16 , 18, 22 and 46; "lottery" includes a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever; "money" includes a cheque, bank note, postal order or money order; "newspaper" includes a journal, magazine or other periodical publication; "permit-holder" means the holder of a permit issued under any sections 23 , 36 , 39 , 54 and 58 ; "pool betting" means the making of bets (other than bets made by means of totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") ), whether the bets are made on the system known as a fixed odds betting or otherwise, by a number of persons on terms that the winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money ("a cheque, bank note, postal order or money order;") paid or agreed to be paid by those persons; "pool betting scheme" means a scheme involving the receiving or negotiating of bets made by way of pool betting ("the making of bets (other than bets made by means of totalisator ), whether the bets are made on the system known as a fixed odds betting or otherwise, by a number of persons on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by those persons;") ; "premises" includes any place, and in sections 14 , 35 , 45 , 50 , 53 and 58 also includes any vessel; "racecourse" means a place used for the purpose of holding a race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") ; "race day" means a day on which a race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") is held; "race meeting" means a gathering of the public or of the members of an association of persons to watch horse races or other races; "tax" means any charges, fees, levies or impositions imposed under this Act; “terrorism financing” has the meaning assigned to it under the Prevention of Terrorism Act (Cap. 59B). "the Board" means the Betting Control and Licensing Board established by section 3 ; "the Principal Secretary" means the Principal Secretary of the Ministry for the time being responsible for Betting, Lotteries and Gaming; "ticket" , in relation to any lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or proposed lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , includes any document evidencing the claim of a person to participate in the chances of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; "to bet" means to wager or stake any money ("a cheque, bank note, postal order or money order;") or valuable thing by or on behalf of any person or, expressly or impliedly to undertake, promise or agree to wager or stake by or on behalf of any person, any money ("a cheque, bank note, postal order or money order;") or valuable thing on a horse race ("a pony race;") , or other race, fight, game, sport, lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or exercise or any other event or contingency; "totalisator" means the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature; "turf club" means a club or association or other body of persons (whether incorporated or unincorporated) established for the purpose of promoting, conducting and controlling the sport of horse racing; "unlawful game" means a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") the chances of which are not alike favourable 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; "winnings" includes winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly. [Act No. 10 of 1981 , Sch., Act No. 10 of 1987 , s. 40, Act No. 4 of 1999 , s. 44, Act No. 9 of 2000 , s. 66, Act No. 38 of 2016 , s. 79.]

Section 2Verify source

Part II

BETTING CONTROL AND LICENSING BOARD

§ 10BETTING CONTROL AND LICENSING BOARD - 10. Books to be kept bylicenseeOffence

Licensees must keep a book with prescribed particulars and regularly enter those particulars; failing to do so or keeping/entering materially false records is an offence punishable by a fine up to ten thousand shillings, imprisonment up to one year, or both.

Section 10. Books to be kept bylicensee Section 10(1) A licensee ("a person issued with a licence under any of, 18, 22 and 46;") shall enter or cause to be entered regularly in a book kept for the purpose all such particulars as may be prescribed. Section 10(2) A licensee ("a person issued with a licence under any of, 18, 22 and 46;") who contravenes subsection (1), or who knowingly or recklessly keeps any book, record or account required to be kept under this section which is false in any material particular, or who makes or causes to be made in any such book an entry which is false in a material particular, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. [Act No. 9 of 1967 , Sch.]

Section 10Verify source

§ 11BETTING CONTROL AND LICENSING BOARD - 11. Submission of accounts by licensees and permit-holdersOffence

The Betting Control and Licensing Board may require and shall at least once every twelve months require licensees and certain permit-holders to submit audited accounts; auditors must be notified and approved; refusal, failure or knowingly false statements are an offence punishable by a fine not exceeding ten thousand shillings or imprisonment up to one year or both.

Section 11. Submission of accounts by licensees and permit-holders Section 11(1) The Board may at any time, and shall, at least once in every twelve months, require a licensee ("a person issued with a licence under any of, 18, 22 and 46;") to submit to the Board ("the Betting Control and Licensing Board established by;") a properly audited statement of accounts. Section 11(2) The Board may require a permit-holder , other than a holder of a permit issued under section 23 , section 54 or section 58 , to render accounts to the Board in such form and within such period as it may specify. Section 11(3) The Board may require accounts submitted to it under this section to be the subject of audit by an accountant, whose appointment as auditor shall be notified by the licensee ("a person issued with a licence under any of, 18, 22 and 46;") or permit-holder , as the case may be, to the Board ("the Betting Control and Licensing Board established by;") and approved by it. Section 11(4) A person who refuses or fails to submit a statement of accounts as and when required by the Board ("the Betting Control and Licensing Board established by;") or who knowingly submits a false or misleading statement shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. [Act No. 9 of 1967 , Sch., Act No. 10 of 1981 , Sch.]

Section 11Verify source

§ 12BETTING CONTROL AND LICENSING BOARD - 12. Licences and permits not to be transferredOffence

Licences or permits issued under the Act may not be transferred; a person who transfers or purports to transfer one commits an offence liable to a fine not exceeding two thousand shillings or imprisonment not exceeding two months, or both.

Section 12. Licences and permits not to be transferred Section No licence or permit issued under this Act shall be transferable to any person, and a person who transfers or purports to transfer a licence or permit shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both.

Section 12Verify source

§ 13BETTING CONTROL AND LICENSING BOARD - 13. FeesProvision

A fee must be paid to the Betting Control and Licensing Board for every licence and permit issued, as may be prescribed.

Section 13. Fees Section There shall be paid to the Board ("the Betting Control and Licensing Board established by;") for every licence and permit issued by the Board ("the Betting Control and Licensing Board established by;") such fee as may be prescribed.

Section 13Verify source

§ 3BETTING CONTROL AND LICENSING BOARD - 3. Establishment of BoardProvision

Section 3 establishes the Betting Control and Licensing Board, specifies membership and appointment powers (Cabinet Secretary appoints chairperson and up to five other members), sets member terms (three years for certain members), quorum and meeting rules, co-option rules, appointment powers of the chairperson (with Cabinet Secretary approval), remuneration paid from Parliament, signature rules, annual reporting to the Cabinet Secretary, and an exemption from personal liability for members and staff for acts done in good faith.

Section 3. Establishment of Board Section 3(1)(a) a chairperson, not being a public officer, to be appointed by the Cabinet Secretary by notice in the Gazette ; Section 3(1)(b) the Principal Secretary ("the Principal Secretary of the Ministry for the time being responsible for Betting, Lotteries and Gaming;") to the National Treasury or a person deputed by him in writing in that behalf; Section 3(1)(c) the Principal Secretary ("the Principal Secretary of the Ministry for the time being responsible for Betting, Lotteries and Gaming;") of the Ministry for the time being responsible for the Police or a person deputed by him in writing in that behalf; Section 3(1)(d) the Principal Secretary ("the Principal Secretary of the Ministry for the time being responsible for Betting, Lotteries and Gaming;") of the Ministry for the time being responsible for Betting, Lotteries and Gaming or a person deputed by him in writing in that behalf; and Section 3(1)(e) such other persons, not exceeding five in number, as the Cabinet Secretary may, by notice in the Gazette , appoint. Section 3(2) Before the Cabinet Secretary makes an appointment under this section, he may require the person to be so appointed to declare whether he has any, and if so what, financial interest in any betting undertaking operating in Kenya. Section 3(2A) The members referred to in paragraphs (a) and (e) of subsection (1) shall hold office for a period of three years from the date of their appointment, but shall be eligible for re-appointment. Section 3(3) In the event of the chairperson being absent from any meeting of the Board ("the Betting Control and Licensing Board established by;") , the members present shall choose one of their number to act as chairperson for that meeting. Section 3(4) At all meetings of the Board ("the Betting Control and Licensing Board established by;") , the chairperson or the person chosen to act as chairperson under subsection (3) together with three other members of the Board ("the Betting Control and Licensing Board established by;") shall form a quorum. Section 3(5) Meetings of the Board ("the Betting Control and Licensing Board established by;") shall be held at least once in every three months and at such other times, on such occasions and at such places as the chairperson may determine. Section 3(6) The chairperson or the person chosen to act as chairperson under subsection (3) shall have a deliberative vote and, in the case of equality of votes, shall also have a casting vote. Section 3(7) The Board may co-opt to serve on it for such length of time as it thinks fit any person or persons whose assistance or advice it may require, but a person so co-opted shall not be entitled to vote at any meeting of the Board ("the Betting Control and Licensing Board established by;") or be counted as a member for the purpose of forming a quorum. Section 3(8) The chairperson of the Board ("the Betting Control and Licensing Board established by;") may, with the approval of the Cabinet Secretary, appoint such persons to act as officers and servants of the Board ("the Betting Control and Licensing Board established by;") as he considers requisite to enable it to discharge its duties under this Act. Section 3(9) The chairperson, members, officers and servants appointed under this section shall be paid out of moneys provided for that purpose by Parliament such salaries, remuneration and allowances, if any, as the Cabinet Secretary may determine. Section 3(10) All permits and licences issued under this Act and all communications from the Board ("the Betting Control and Licensing Board established by;") shall be under the hand of the chairperson or of some person duly authorized by the chairperson, notification of that authorization being published in the Gazette under the hand of the chairperson. Section 3(11) The chairperson shall submit to the Cabinet Secretary for publication an annual report of the proceedings of the Board ("the Betting Control and Licensing Board established by;") containing particulars with respect to such matters as the Cabinet Secretary may direct. Section 3(12) No member of the Board ("the Betting Control and Licensing Board established by;") , nor any officer or servant thereof, shall be personally liable for any act or default done or omitted to be done in good faith in the course of his duties under this Act. [Act No. 13 of 1988 , Sch.]

Section 3Verify source

§ 4BETTING CONTROL AND LICENSING BOARD - 4. Powers ofthe BoardProvision

Section 4 grants the Betting Control and Licensing Board powers to issue, vary, suspend (subject to a 14-day limit), cancel licences and permits, inquire into complaints, regulate its procedure subject to the Cabinet Secretary, and to authorize the chairperson to exercise specified powers with reporting obligations.

Section 4. Powers ofthe Board Section 4(1)(a) to issue licences and permits in accordance with this Act and any regulations made thereunder; Section 4(1)(b) during the subsistence of a licence or permit, to vary, or for good cause to suspend or cancel it; but the Board ("the Betting Control and Licensing Board established by;") shall not suspend a licence or permit for more than fourteen days and shall not vary or cancel a licence or permit without giving the licensee ("a person issued with a licence under any of, 18, 22 and 46;") or permit-holder opportunity to show cause against the variation or cancellation; and Section 4(1)(c) to inquire into complaints against licensees or permit-holders. Section 4(2) Subject to this Act and to any general or special direction by the Cabinet Secretary, the Board ("the Betting Control and Licensing Board established by;") shall regulate its own procedure. Section 4(3) The Board may authorize the chairperson to exercise on its behalf, at any time when it is not meeting, such of its powers as it may from time to time specify; but the exercise of those powers shall, to the extent required by the Board ("the Betting Control and Licensing Board established by;") , be reported by the chairperson without unreasonable delay to a meeting of the Board ("the Betting Control and Licensing Board established by;") .

Section 4Verify source

§ 5BETTING CONTROL AND LICENSING BOARD - 5. Application for licences and permitsOffence

Applicants must apply to the Betting Control and Licensing Board in the prescribed form and manner; the Board may investigate applications and must be satisfied the applicant is fit and premises are suitable before issuing a licence, must send the application to the local authority for comment, and making a knowingly false statement in an application is an offence punishable by a fine up to five thousand shillings or imprisonment up to six months or both.

Section 5. Application for licences and permits Section 5(1) A person who desires to obtain, renew or vary a licence or permit under this Act shall make application to the Board ("the Betting Control and Licensing Board established by;") in the form and manner prescribed. Section 5(2) On receipt of an application under subsection (1), the Board ("the Betting Control and Licensing Board established by;") may make such investigations or require the submission of such declaration or further information as it may deem necessary in order to enable it to examine the application. Section 5(3)(i) no licence or permit shall be issued under this Act unless and until the Board ("the Betting Control and Licensing Board established by;") has satisfied itself that the applicant is a fit and proper person to hold the licence or permit and that the premises ("any place, and in sections,,,,andalso includes any vessel;") , if any, in respect of which the application is made are suitable for the purpose; Section 5(3)(ii) no licence shall be issued under this Act unless the Board ("the Betting Control and Licensing Board established by;") has sent a copy of the application for the licence to the local authority within whose area of jurisdiction the applicant proposes to conduct his business and has given the local authority reasonable opportunity to object to, or make recommendations with respect to, the application. Section 5(4) A person who knowingly makes a false statement or declaration in an application for, or a renewal or variation of, a licence or permit shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both.

Section 5Verify source

§ 5ABETTING CONTROL AND LICENSING BOARD - 5A. Fit and proper criteria for casinosOffence

Section sets fit-and-proper criteria for casino applicants, gives the Board a duty to hear applicants, and creates an offence for knowingly making false statements in licence applications with fines or imprisonment.

Section 5A. Fit and proper criteria for casinos Section 5A(1)(a) the financial status or solvency of the person; Section 5A(1)(b) the educational or other qualifications or experience of the applicant having regard to the nature of the functions which, if the application is granted, the person shall perform; Section 5A(1)(c) the status of any other licence or approval granted to the applicant by any financial sector regulator; Section 5A(1)(d) the ability of the applicant to carry on the regulated activity competently, honestly and fairly; and Section 5A(1)(e) in the case of a natural person, of that person; or Section 5A(1)(e)(i) in the case of a natural person, of that person; or Section 5A(1)(e)(ii) in the case of a company, of the company, its chairperson, directors, chief executive, management and all other personnel, including all duly appointed agents, and any substantial shareholder of the company, if the chairperson, director, chief executive, management or the personnel are shareholders of the company. Section 5A(2)(a) has contravened any law in Kenya or elsewhere designed for the protection of members of the public against financial loss due to dishonesty, incompetence or malpractice by persons engaged in transacting with marketable securities; Section 5A(2)(a)(i) has contravened any law in Kenya or elsewhere designed for the protection of members of the public against financial loss due to dishonesty, incompetence or malpractice by persons engaged in transacting with marketable securities; Section 5A(2)(a)(ii) was a director of a licensed person who has been liquidated or is under liquidation or statutory management; Section 5A(2)(a)(iii) has taken part in any business practice which, in the opinion of the Board ("the Betting Control and Licensing Board established by;") , was fraudulent, prejudicial to the market or public interest, or was otherwise improper, which would otherwise discredit the applicant's methods of conducting business; Section 5A(2)(a)(iv) has taken part or has been associated with any business practice which casts doubt on the competence or soundness of judgment of that applicant; or Section 5A(2)(a)(v) has acted in such a manner as to cast doubt on the applicant's competence and soundness of judgment; Section 5A(2)(b) any person who is to be employed by, associated with, or who shall be acting for or on behalf of, the applicant for the purposes of a regulated activity, including an agent; and Section 5A(2)(b)(i) any person who is to be employed by, associated with, or who shall be acting for or on behalf of, the applicant for the purposes of a regulated activity, including an agent; and Section 5A(2)(b)(ii) where the applicant is a company in a group of companies, any other company in the same group of companies, or any substantial shareholder or key personnel of the company or any company referred to under this subparagraph; Section 5A(2)(c) take into account whether the applicant has established effective internal control procedures and risk management systems to ensure its compliance with all applicable regulatory requirements; and Section 5A(2)(d) have regard to the state of affairs of any other business which the applicant carries on or purports to carry on. Section 5A(3) The Board shall give the applicant an opportunity to be heard before determining whether the applicant is fit and proper for the purposes of this Act. Section 5A(4) An applicant who knowingly makes a false statement or declaration in an application for, or a renewal or variation of, a licence or permit commits an offence and shall, upon conviction, be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both. Section 5A(5) For the purposes of this section, "group of companies" means any two or more companies, one of which is the holding company of the others. [Act No. 10 of 2018 , s. 52.]

Section 5AVerify source

§ 6BETTING CONTROL AND LICENSING BOARD - 6. Applicant to furnish Board with securityProvision

When a licence is issued the Board must require the applicant to furnish security (deposit or other Board-approved security) not exceeding forty thousand shillings; the Board may approve other security and may vary the amount of security if satisfied the variation is reasonable.

Section 6. Applicant to furnish Board with security Section 6(1) Whenever a licence is issued under this Act the Board ("the Betting Control and Licensing Board established by;") shall impose as a condition thereof a requirement that the applicant shall furnish the Board ("the Betting Control and Licensing Board established by;") with security by means of a deposit, or such other security as the Board ("the Betting Control and Licensing Board established by;") may approve, of a sum not exceeding forty thousand shillings and that security shall be refunded or cancelled on the expiration or cancellation of the licence in respect of which it has been deposited or given unless it is forfeited under section 64 . Section 6(2) In the case of a partnership, only one security in respect of the partnership shall be required, notwithstanding that licences under any of sections 16 , 18 , 22 and 46 have been issued in respect of the partnership. Section 6(3) In determining the amount of security the Board ("the Betting Control and Licensing Board established by;") shall take into account the known business of the applicant and the amount, if any, by which that business may reasonably be expected to increase in the ensuing year. Section 6(4) The Board may at any time vary the amount of any security given in pursuance of this section if it is satisfied that, having regard to the known scale of business of the licensee ("a person issued with a licence under any of, 18, 22 and 46;") concerned, the variation is reasonable.

Section 6Verify source

§ 7BETTING CONTROL AND LICENSING BOARD - 7. Provisions of licences and permitsSubstitution

Licensees may apply to the Board to transfer their business to different premises; on receiving such an application the Board may vary the licence to authorize the business at the new premises. The Board also imposes conditions on licences which must be endorsed on the licence.

Section 7. Provisions of licences and permits Section 7(1) Every licence or permit issued under this Act shall state the precise location and extent of the premises ("any place, and in sections,,,,andalso includes any vessel;") , if any, to which it relates and shall be endorsed with every condition imposed by the Board ("the Betting Control and Licensing Board established by;") under this Act. Section 7(2) A licensee ("a person issued with a licence under any of, 18, 22 and 46;") who wishes at any time to transfer the conduct of his business to premises ("any place, and in sections,,,,andalso includes any vessel;") other than those authorized in terms of his licence may apply to the Board ("the Betting Control and Licensing Board established by;") for authority to do so. Section 7(3) Upon receipt of an application in accordance with subsection (2) the Board ("the Betting Control and Licensing Board established by;") may vary the licence so as to authorize the conduct of the licensee ("a person issued with a licence under any of, 18, 22 and 46;") ’s business at the premises ("any place, and in sections,,,,andalso includes any vessel;") the subject of the application in substitution for the premises ("any place, and in sections,,,,andalso includes any vessel;") previously licensed.

Section 7Verify source

§ 8BETTING CONTROL AND LICENSING BOARD - 8. Display of licence and permit and surrender of same on suspension or cancellationOffence

Licensees and permit-holders must prominently display their valid licence or permit at their principal place of business and at each branch; if notified of suspension or cancellation they must immediately surrender it to the Board; failing without reasonable cause is an offence punishable by a fine of up to 3,000 shillings or up to three months' imprisonment or both.

Section 8. Display of licence and permit and surrender of same on suspension or cancellation Section 8(1) Every licence or permit issued by the Board ("the Betting Control and Licensing Board established by;") under this Act shall, during the period of its validity, be prominently displayed by the licensee ("a person issued with a licence under any of, 18, 22 and 46;") or permit-holder at his principal place of business, if any, in a part thereof to which the public have access, and a copy thereof shall be similarly displayed at each of the branches of the licensee ("a person issued with a licence under any of, 18, 22 and 46;") or permit-holder . Section 8(2) On notification to a person that his licence or permit has been cancelled or suspended, that person shall forthwith surrender his licence or permit, as the case may be, to the Board ("the Betting Control and Licensing Board established by;") . Section 8(3) A person who without reasonable cause or excuse fails to comply with this section, or who displays a licence or permit which is not currently valid, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.

Section 8Verify source

§ 9BETTING CONTROL AND LICENSING BOARD - 9. Duration of licence and permitProvision

Every licence or permit issued under this Act expires on the 30th June next following the date of issue, unless the licence or permit itself provides otherwise.

Section 9. Duration of licence and permit Section Every licence or permit issued under this Act shall, unless therein otherwise provided, expire on the 30th June next following the date of issue.

Section 9Verify source

Part III

CONTROL AND LICENSING OF BETTING

§ 14CONTROL AND LICENSING OF BETTING - 14. Offences relating to unlicensedbetting premisesOffence

Section 14 creates offences related to unlicensed betting premises: owners, occupiers or users who keep or permit use, managers or assistants, persons who publicise or invite betting, and those who advance money for such premises are guilty; persons who bet in unlicensed premises are also guilty; specified fines and imprisonment terms apply.

Section 14. Offences relating to unlicensedbetting premises Section 14(1)(a) being the owner or occupier or having the use temporarily or otherwise thereof, keeps or uses unlicensed betting premises ; or Section 14(1)(b) permits premises ("any place, and in sections,,,,andalso includes any vessel;") of which he is the owner or occupier, or of which he has the use temporarily or otherwise, to be used as unlicensed betting premises ; or Section 14(1)(c) has the care or management of, or in any manner assists or is engaged in the management of, premises ("any place, and in sections,,,,andalso includes any vessel;") kept or used as unlicensed betting premises ; or Section 14(1)(d) announces or publishes or causes to be announced or published, either orally or by means of any print, writing, design, sign or otherwise, that premises ("any place, and in sections,,,,andalso includes any vessel;") are opened, kept or used as unlicensed betting premises , or in any manner invites or solicits any person to bet ("to wager or stake any money or valuable thing by or on behalf of any person or, expressly or impliedly to undertake, promise or agree to wager or stake by or on behalf of any person, any money or valuable thing on a horse race, or other race, fight, game, sport,lottery or exercise or any other event or contingency;") in unlicensed betting premises ; or Section 14(1)(e) advances, furnishes or receives money ("a cheque, bank note, postal order or money order;") for the purpose of establishing or conducting the business of unlicensed betting premises , shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. Section 14(2) A person who bets in unlicensed betting premises shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to a term of imprisonment for a term not exceeding six months, or to both; and a person found in unlicensed betting premises or found escaping therefrom on the occasion of their being entered under this Act shall be presumed, until the contrary is proved, to be or to have been betting therein. Section 14(3) A person who occupies or has the use temporarily of premises ("any place, and in sections,,,,andalso includes any vessel;") which are kept or used by another person as unlicensed betting premises shall be presumed, until the contrary is proved, to have permitted that place to be so kept or used. Section 14(4) In this section, "unlicensed betting premises " means betting premises in respect of which no licence is issued under this Part.

Section 14Verify source

§ 15CONTROL AND LICENSING OF BETTING - 15. Prohibition against unlicensed bookmakingOffence

It is an offence to act or carry on business as a bookmaker without a licence; employees of a licensed person acting in the course of employment at licensed premises or an authorized race meeting are exempt from this section.

Section 15. Prohibition against unlicensed bookmaking Section 15(1) A person who acts or carries on business as a bookmaker otherwise than under and in accordance with the terms of a licence issued under this Act shall, without prejudice to his liability (if any), to be proceeded against under section 14 , be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year, or to both; but nothing in this section shall apply to an employee of a person issued with a licence under section 16 acting in the course of his employment at the licensed betting premises of that person or at an authorized race meeting. Section 15(2) A person who accepts or receives bets or settles or pays money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth in respect of bets, or is found in possession of any books, accounts, documents or other articles which are used or appear to have been used or intended to be used in connection with or which relate or appear to relate to the business of a bookmaker , shall be presumed, until the contrary is proved, to be acting as a bookmaker . Section 15(3) A person who settles or pays money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth in respect of any betting shall also be presumed, until the contrary is proved, to be acting as a bookmaker .

Section 15Verify source

§ 16CONTROL AND LICENSING OF BETTING - 16. Bookmakers' licencesProvision

Section 16 defines three types of bookmakers' licences (on-the-course, off-the-course, and combined); fees must be paid for each betting premises; partnerships require one licence with each partner named; the Board must consider distance from liquor-licensed premises when assessing suitability; and the Board may impose conditions on licences including hours of opening.

Section 16. Bookmakers' licences Section 16(1)(a) an on-the-course licence authorizing a person to carry on his business as a bookmaker at any authorized race meeting ("a race meeting in respect of which a permit authorizing bookmaking to take place thereat has been issued under;") ; Section 16(1)(b) an off-the-course licence authorizing a person to carry on his business as a bookmaker at the betting premises named therein; Section 16(1)(c) a licence authorizing a person to carry on his business as a bookmaker both on and off the course. Section 16(2) A fee shall be paid in respect of each betting premises where the person issued with a licence under this Act conducts his business. Section 16(3) In the case of a partnership of bookmakers, only one licence shall be required but each partner shall be named in the application for the licence. Section 16(4) In considering the suitability of betting premises for the purpose of proviso (i) to section 5 (3), the Board shall take into account the desirability of keeping those premises at a proper and sufficient distance from premises licensed for the sale and consumption of liquor. Section 16(5) The Board may, upon the issue of a licence under this section, impose conditions relating to the manner in which a person issued with a licence under this section may conduct his business and to the suitability, condition and conduct of the betting premises to which the licence applies and the hours during which the premises ("any place, and in sections,,,,andalso includes any vessel;") may be open for business.

Section 16Verify source

§ 17CONTROL AND LICENSING OF BETTING - 17. Betting by means of unlicensedtotalisatoran offenceOffence

Betting by means of an unlicensed totalisator is an offence.

Section 17. Betting by means of unlicensedtotalisatoran offence Section effects a betting transaction ("the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;") by means of a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") other than by means of a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") in respect of which a licence has been issued under this Part; or

Section 17Verify source

§ 18CONTROL AND LICENSING OF BETTING - 18. Totalisator licencesProvision

Section 18 defines three types of totalisator licences (on-the-course, off-the-course, and both), authorizes the Board to permit off-course agent betting for on-course licence holders, requires agent appointments in writing and Board approval, and limits licences to each race day or a period not exceeding one year.

Section 18. Totalisator licences Section 18(1)(a) an on-the-course licence authorizing a person to operate a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") on the course specified therein; Section 18(1)(b) an off-the-course licence authorizing a person to operate a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") at the betting premises named therein; or Section 18(1)(c) a licence authorizing a person to operate a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") both on and off the course. Section 18(2) A licence shall be issued in respect of each totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") to be used. Section 18(3) A licence issued under this section may be issued in respect of each race day ("a day on which a race meeting is held;") or for a period not exceeding one year. Section 18(4) The Board may authorize a person issued with a licence under subsection (1)(a) to enter into betting transactions through his agents off the course, in respect of a totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") to be used on the course; but no person shall act as an agent under this subsection unless he has been appointed as such in writing by the person issued with a licence under subsection (1)(a) and a copy of the appointment is delivered to, and approved by, the Board ("the Betting Control and Licensing Board established by;") .

Section 18Verify source

§ 19CONTROL AND LICENSING OF BETTING - 19. Laying oftotalisatoradds, etc., prohibitedOffence

Section 19(1)(a)–(c) describes certain betting-related acts that are prohibited and makes persons who commit them guilty of an offence punishable by a fine up to five thousand shillings or imprisonment up to six months or both; subsection (2) exempts certain agents or employees of licensed persons engaged in lawful conduct of a totalisator approved by the Board.

Section 19. Laying oftotalisatoradds, etc., prohibited Section 19(1)(a) makes or enters into a bet upon the result of a horse race ("a pony race;") or other race, whereby he agrees to pay to the other party to the bet, if the latter should win the bet, a sum of money ("a cheque, bank note, postal order or money order;") the amount of which is dependent upon the result of the working of that totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") on the race; or Section 19(1)(b) sells or offers for sale, or purchase from a person referred to in paragraph (a) a ticket , card or other thing entitling or purporting to entitle the purchaser or holder thereof to an interest in the result of the working of that totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") on a horse race ("a pony race;") or other race; or Section 19(1)(c) makes a contract or bargain of any kind to pay or receive money ("a cheque, bank note, postal order or money order;") upon an event determined or to be determined by the result of the working of that totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") on a horse race ("a pony race;") or other race, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both. Section 19(2) The provisions of paragraphs (a) and (b) of subsection (1) shall not apply to an agent or employee of a person issued with a licence under section 18 who is engaged in the lawful conduct of a totalisator in a manner approved by the Board.

Section 19Verify source

§ 20CONTROL AND LICENSING OF BETTING - 20. Betting transaction ontotalisatorafter time of race prohibitedProvision

Betting transactions on a totalisator in respect of a race that are received or permitted after the start of the race are prohibited.

Section 20. Betting transaction ontotalisatorafter time of race prohibited Section receives or permits to be received a betting transaction ("the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;") on that totalisator ("the instrument, machine or contrivance commonly known as a totalisator, or any other instrument, machine or contrivance of a similar nature, or a scheme for enabling any number of persons to make bets on any event or contingency whatsoever with one another or principles of a similar nature;") in respect of a horse race ("a pony race;") or other race after the start of that race; or

Section 20Verify source

§ 21CONTROL AND LICENSING OF BETTING - 21. Offences relating topool bettingschemesOffence

Section 21 makes various acts connected to pool betting schemes illegal unless done under licences required by section 22 and prescribes fines and imprisonment.

Section 21. Offences relating topool bettingschemes Section 21(1)(a) promotes a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") within Kenya otherwise than under and in accordance with the terms of a licence issued under section 22 ; or Section 21(1)(b) in furtherance of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") or on behalf of a promoter of such a scheme or his agent, receives or negotiates bets or otherwise acts as an agent of a promoter otherwise than under and in accordance with the terms of a principal agent’s or agent’s licence issued under section 22 , Section 21(2)(a) prints a coupon for use in such a scheme; or Section 21(2)(b) sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, a coupon relating to such a scheme; or Section 21(2)(c) an advertisement of the scheme; or Section 21(2)(c)(i) an advertisement of the scheme; or Section 21(2)(c)(ii) a list (whether complete or not) of prize winners or winning coupons in the scheme; or Section 21(2)(c)(iii) any such matter descriptive of the determination or intended determination of prize winners, or otherwise relating to the scheme, as is calculated to act as an inducement to persons to participate in that scheme; or Section 21(2)(d) brings, or invites any person to send, into Kenya for the purpose of sale of distribution a coupon relating to, or advertisement of, the scheme; or Section 21(2)(e) sends or attempts to send out of Kenya any money ("a cheque, bank note, postal order or money order;") or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder of a coupon in the scheme; or Section 21(2)(f) prints or publishes, or causes to be printed or published, an advertisement or other notice of or relating to the scheme or of relating to the issue of a coupon or of a dividend connected with the scheme, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. Section 21(2A) Any person, other than the holder of valid principal agent’s licence, who takes or sends out of Kenya (whether by post or otherwise) money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth or any coupon , in connection with any pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") authorized under section 22 shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 21(3) For the purposes of subsection (2)(f), the publication of an advertisement or notice in a newspaper ("a journal, magazine or other periodical publication;") printed outside Kenya and normally circulating within Kenya shall not be an offence if the scheme to which the advertisement or notice refers is promoted outside Kenya. Section 21(4) A person, other than the holder of valid principal agent’s licence, who takes or sends out of Kenya (whether by post or otherwise) money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth or a coupon , in connection with a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") authorized under section 22 shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 21(5)(a) "agent" means a person who acts in furtherance of the promotion of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") ; Section 21(5)(b) where a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") is promoted or proposed to be promoted in Kenya, a scheme promoted by a person who is not the holder of a promoter’s licence issued under section 22 ; Section 21(5)(b)(i) where a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") is promoted or proposed to be promoted in Kenya, a scheme promoted by a person who is not the holder of a promoter’s licence issued under section 22 ; Section 21(5)(b)(ii) where a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") is promoted or proposed to be promoted outside Kenya, a scheme promoted by a person who has not within Kenya an agent or representative holding a principal agent’s licence issued under section 22 ; Section 21(5)(c) reference to printing shall be construed as including references to writing and other modes of representing or reproducing words in a visible form.

Section 21Verify source

§ 22CONTROL AND LICENSING OF BETTING - 22. Licences in respect ofpool bettingschemesProvision

Section 22 defines three licence types for pool betting schemes — a promoter’s licence (authorizes the holder to provide a pool betting scheme within Kenya), a principal agent’s licence (authorizes the holder to act as principal agent in Kenya of a promoter of a scheme promoted outside Kenya), and an agent’s licence (authorizes the holder to act as agent of a promoter of a scheme promoted within Kenya or of any principal agent of a promoter of a scheme promoted outside Kenya). It also provides that no licence under this section applies to more than one pool betting scheme, promoter, principal agent or agent.

Section 22. Licences in respect ofpool bettingschemes Section 22(1)(a) a promoter’s licence, authorizing the holder to provide a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") within Kenya; Section 22(1)(b) a principal agent’s licence, authorizing the holder to act as the principal agent in Kenya of the promoter of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") promoted outside Kenya; Section 22(1)(c) an agent’s licence, authorizing the holder to act as an agent of the promoter of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") promoted within Kenya, or of any principal agent of the promoter of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") promoted outside Kenya. Section 22(2) No licence issued under this section shall be applicable to more than one pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") , promoter of a scheme, principal agent or agent.

Section 22Verify source

§ 23CONTROL AND LICENSING OF BETTING - 23. Authorization of bookmaking at race meetingsOffence

Promoters who want bookmakers at a race meeting must apply in writing to the Betting Control and Licensing Board for a permit; the Board may, after inquiries, issue a permit authorizing bookmaking on specified days; permitting bookmakers without such a permit is an offence punishable by a fine up to three thousand shillings or up to three months' imprisonment or both.

Section 23. Authorization of bookmaking at race meetings Section 23(1) The promoters of a race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") shall, if they desire bookmakers to be permitted to carry on business at that race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") , apply to the Board ("the Betting Control and Licensing Board established by;") for a permit for that purpose. Section 23(2) An application shall be in writing in the prescribed form. Section 23(3) Upon receipt of an application under subsection (1), the Board ("the Betting Control and Licensing Board established by;") may, after making such inquiries as it thinks fit, issue a permit authorizing bookmaking to take place at the race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") held on the race course and on the day or days specified in the permit. Section 23(4) A person who permits a bookmaker to carry on business at a race meeting ("a gathering of the public or of the members of an association of persons to watch horse races or other races;") otherwise than under the authority of a permit issued under subsection (3) shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.

Section 23Verify source

§ 24CONTROL AND LICENSING OF BETTING - 24. Prohibition against toutingOffence

It is an offence for a person (except inside licensed betting premises or at an authorized race meeting) to tout or personally solicit patrons for a bookmaker; offenders face a fine not exceeding two thousand shillings or imprisonment up to two months or both.

Section 24. Prohibition against touting Section A person who, except within licensed betting premises ("premises duly licensed in terms of this Act as premises wherein bets may be made and settled;") or at an authorized race meeting ("a race meeting in respect of which a permit authorizing bookmaking to take place thereat has been issued under;") , touts or otherwise personally solicits the patronage of members of the public with a bookmaker shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months or to both.

Section 24Verify source

§ 25CONTROL AND LICENSING OF BETTING - 25. Prohibition against advertising of bettingProvision

Prohibition against advertising of betting.

Section 25. Prohibition against advertising of betting Section holds himself out by advertisement or notice or public placard as willing to bet ("to wager or stake any money or valuable thing by or on behalf of any person or, expressly or impliedly to undertake, promise or agree to wager or stake by or on behalf of any person, any money or valuable thing on a horse race, or other race, fight, game, sport,lottery or exercise or any other event or contingency;") with members of the public; or

Section 25Verify source

§ 26CONTROL AND LICENSING OF BETTING - 26. Prohibition against liquor on licensedpremisesOffence

Persons on licensed betting premises (except at authorized race meetings) must not sell, supply, consume, or permit alcoholic liquor; breach is an offence punishable by a fine not exceeding three thousand shillings or imprisonment not exceeding three months or both.

Section 26. Prohibition against liquor on licensedpremises Section A person who, upon licensed betting premises ("premises duly licensed in terms of this Act as premises wherein bets may be made and settled;") other than at an authorized race meeting ("a race meeting in respect of which a permit authorizing bookmaking to take place thereat has been issued under;") , sells or supplies or consumes or permits the sale or supply or consumption of alcoholic liquor shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.

Section 26Verify source

§ 27CONTROL AND LICENSING OF BETTING - 27. Prohibition against playing games of chance on licensedpremisesOffence

A person on licensed betting premises who plays or allows a game of chance is guilty of an offence and may be fined up to five thousand shillings or imprisoned for up to six months or both.

Section 27. Prohibition against playing games of chance on licensedpremises Section A person who upon licensed betting premises ("premises duly licensed in terms of this Act as premises wherein bets may be made and settled;") plays or permits the playing of a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding six months or to both.

Section 27Verify source

§ 28CONTROL AND LICENSING OF BETTING - 28. Betting with young persons an offenceOffence

It is an offence for a person (the person committing an offence in relation to a young person under this section) to engage in various betting-related acts involving a young person, including betting with them, effecting betting by post, carrying betting communications by post, receiving or negotiating bets through them, or sending them betting-related documents.

Section 28. Betting with young persons an offence Section 28(1)(a) bets with a young person; or Section 28(1)(b) the effecting of betting by post; or Section 28(1)(b)(i) the effecting of betting by post; or Section 28(1)(b)(ii) the carriage of a communication relating to betting for the purpose of its conveyance by post; or Section 28(1)(c) receives or negotiates a bet through a young person; or Section 28(1)(d) sends to a young person any circular, notice, advertisement, letter or other document relating to betting, Section 28(2)(a) who is under the age of eighteen years and whom the person committing an offence in relation to him under this section knows, or ought to know, to be under that age; or Section 28(2)(b) who is apparently under that age.

Section 28Verify source

§ 29CONTROL AND LICENSING OF BETTING - 29. Betting in public places an offenceOffence

It is an offence for a person to frequent or loiter in a street or public place for the purpose of bookmaking, betting, agreeing to bet, or paying/receiving/settling bets; such a person is liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both. The subsection does not apply to authorized race meeting grounds. A police officer may arrest without warrant anyone he reasonably suspects of committing this offence. "Street" is defined to include bridges, roads, lanes, footways, squares, courts, alleys, passages and adjoining doorways/entrances.

Section 29. Betting in public places an offence Section 29(1) Subject to this Act, a person who frequents or loiters in a street or public place, on behalf either of himself or of any other person, for the purposes of bookmaking, betting, agreeing to bet ("to wager or stake any money or valuable thing by or on behalf of any person or, expressly or impliedly to undertake, promise or agree to wager or stake by or on behalf of any person, any money or valuable thing on a horse race, or other race, fight, game, sport,lottery or exercise or any other event or contingency;") , or paying, receiving or settling bets shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both; but this subsection shall not apply to anything done on ground used, or adjacent to ground used, for the purpose of an authorized race meeting ("a race meeting in respect of which a permit authorizing bookmaking to take place thereat has been issued under;") . Section 29(2) A police officer may arrest without warrant anyone whom he finds in a street or public place and whom he suspects, with reasonable cause, to be committing an offence under this section. Section 29(3)(a) "street" includes a bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and Section 29(3)(b) the doorway and entrances of premises ("any place, and in sections,,,,andalso includes any vessel;") abutting upon ground adjoining and open to a street shall be treated as forming part of the street.

Section 29Verify source

§ 29ACONTROL AND LICENSING OF BETTING - 29A. Powers ofthe Boardfor anti-money laundering and countering the financing of terrorism purposesProvision

The Betting Control and Licensing Board has powers to regulate, supervise and enforce anti-money laundering, counter‑terrorist financing and counter‑proliferation measures over reporting institutions and may take specific supervisory actions listed in subsections (2)(a)–(i).

Section 29A. Powers ofthe Boardfor anti-money laundering and countering the financing of terrorism purposes Section 29A(1) Pursuant to sections 2A, 36A, 36B and 36C of the Proceeds of Crime and Anti-Money Laundering Act, the Board ("the Betting Control and Licensing Board established by;") shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes by all reporting institutions regulated and supervised by the Board ("the Betting Control and Licensing Board established by;") and to whom the provisions of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) apply. Section 29A(2)(a) vet proposed significant shareholders, proposed beneficial owners, proposed directors, and senior employees of a reporting institution; Section 29A(2)(b) conduct onsite inspection; Section 29A(2)(c) conduct offsite surveillance; Section 29A(2)(d) undertake consolidated supervision of a reporting institution; Section 29A(2)(e) compel the production of any document or information the Board ("the Betting Control and Licensing Board established by;") may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A); Section 29A(2)(f) impose monetary, civil or administrative sanctions for violations related to anti- money ("a cheque, bank note, postal order or money order;") laundering, combating the financing of terrorism or countering proliferation financing purposes; Section 29A(2)(g) issue regulations, guidelines, directions, rules or instructions for anti- money ("a cheque, bank note, postal order or money order;") laundering, combating the financing of terrorism and countering proliferation financing purposes; Section 29A(2)(h) co-operate and share information for anti- money ("a cheque, bank note, postal order or money order;") laundering, combating the financing of terrorism and countering proliferation financing purposes; and Section 29A(2)(i) take such action as is necessary to supervise and enforce compliance by reporting institutions in line with the provisions of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) and any regulations, guidelines, rules, instruction or direction made or issued thereunder. Section 29A(3) For purposes of this section, “reporting institution” has the meaning assigned to it under section 2 of the Proceeds of Crime and AntiMoney Laundering Act (Cap. 59A).

Section 29AVerify source

§ 29BCONTROL AND LICENSING OF BETTING - 29B. Penalties for violations relating tomoneylaundering andterrorism financingOffence

Directors, officers, employers, agents and other company persons must not violate or fail to comply with anti-money laundering, counter-terrorism financing and counter-proliferation financing regulations; penalties include up to 5,000,000 shillings for legal persons, up to 1,000,000 shillings for natural persons, and up to 100,000 shillings per day while non-compliance continues.

Section 29B. Penalties for violations relating tomoneylaundering andterrorism financing Section 29B(1) No director, officer, employer, agent or any other person in the company shall violate or fail to comply with the regulations, guidelines, directions, rules or instructions issued for anti- money ("a cheque, bank note, postal order or money order;") laundering, combating the financing of terrorism and countering proliferation financing purposes. Section 29B(2)(a) in case of a legal person, to a penalty not exceeding five million shillings; Section 29B(2)(b) in the case of a natural person, to a penalty not exceeding one million shillings; and Section 29B(2)(c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which such violation or non-compliance continues.

Section 29BVerify source

§ 30CONTROL AND LICENSING OF BETTING - 30.[Repealed by ActNo. 9 of 2000, s. 67.]Repeal

Section 30 was repealed.

Section 30.[Repealed by ActNo. 9 of 2000, s. 67.]

Section 30Verify source

§ 31CONTROL AND LICENSING OF BETTING - 31.[Repealed by ActNo. 9 of 2000, s. 68.]Repeal

Section 31 has been repealed by ActNo. 9 of 2000, s. 68.

Section 31.[Repealed by ActNo. 9 of 2000, s. 68.]

Section 31Verify source

§ 32CONTROL AND LICENSING OF BETTING - 32.[Repealed by ActNo. 9 of 2000, s. 69.]Repeal

Section 32 repealed by ActNo. 9 of 2000, s. 69.

Section 32.[Repealed by ActNo. 9 of 2000, s. 69.]

Section 32Verify source

§ 33CONTROL AND LICENSING OF BETTING - 33.[Repealed by ActNo. 9 of 2000, s. 70.]Repeal

Section 33 was repealed by Act No. 9 of 2000, s. 70.

Section 33.[Repealed by ActNo. 9 of 2000, s. 70.]

Section 33Verify source

§ 34CONTROL AND LICENSING OF BETTING - 34.[Repealed by ActNo. 9 of 2000, s. 71.]Repeal

Section 34 has been repealed by ActNo. 9 of 2000, s. 71.

Section 34.[Repealed by ActNo. 9 of 2000, s. 71.]

Section 34Verify source

Part IV

CONTROL AND LICENSING OF LOTTERIES

§ 35CONTROL AND LICENSING OF LOTTERIES - 35. Unauthorized lotteries and offences relating to sameOffence

Unauthorized lotteries are unlawful; persons who use premises for them, publish or print advertisements, sell or distribute tickets, bring tickets into Kenya, send proceeds out of Kenya, or cause others to do these acts commit offences with specified fines or imprisonment.

Section 35. Unauthorized lotteries and offences relating to same Section 35(1) A lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") promoted or conducted otherwise than in accordance with this Part shall be deemed to be an unauthorized lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") and unlawful. Section 35(2) A person who opens, keeps or uses, or causes or knowingly permits the use of, premises ("any place, and in sections,,,,andalso includes any vessel;") for carrying on an unauthorized lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both. Section 35(3) A person who prints or publishes or causes to be printed or published an advertisement or other notice of or relating to an unauthorized lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or of or relating to the sale of a ticket or chance in any such lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both: Provided that the publication of such an advertisement or notice in a newspaper ("a journal, magazine or other periodical publication;") outside Kenya and normally circulating within Kenya shall not be a contravention of this subsection if the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") to which the advertisement or notice refers is promoted and conducted outside Kenya. Section 35(4)(a) prints a ticket for use in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(b) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, tickets or chances in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(c) an advertisement of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(c)(i) an advertisement of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(c)(ii) a list (whether complete or not) of prize winners or winning tickets in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(c)(iii) any matter descriptive of the drawing or intended drawing of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , or otherwise relating to the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , which is calculated to act as an inducement to persons to participate in that lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or in other lotteries; or Section 35(4)(d) brings, or invites any person to send, into Kenya for the purpose of sale or distribution a ticket in, or advertisement of, the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(e) sends or attempts to send out of Kenya any money ("a cheque, bank note, postal order or money order;") or valuable thing received in respect of the sale or distribution, or a document recording the sale or distribution, or the identity of the holder, of a ticket or chance in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; or Section 35(4)(f) causes or procures any person to do any of the above-mentioned acts, Section 35(5) In this section, references to printing include references to writing and other modes of representing or reproducing words in a visible form.

Section 35Verify source

§ 36CONTROL AND LICENSING OF LOTTERIES - 36. Authorization of public lotteries for charitable purposesOffence

If less than twenty-five per cent of the gross proceeds of an authorized lottery are devoted to its stated charitable object, or proceeds are used for purposes other than expenses and prizes, each promoter is guilty of an offence and liable to a fine not exceeding five thousand shillings or imprisonment not exceeding six months or both.

Section 36. Authorization of public lotteries for charitable purposes Section 36(1)(a) which is intended to raise funds for social service, public welfare, relief of distress or patriotic purposes or to provide recreational or sporting facilities; and Section 36(1)(b) at least twenty-five per centum of the gross proceeds of which is to be devoted to the object for which the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") is promoted: Section 36(2) Where in the case of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") authorized under this section less than twenty- five per centum, or less than the proportion provided by the Board ("the Betting Control and Licensing Board established by;") under the proviso to subsection (1), of the gross proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") is devoted to the object for which the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") is promoted or any of the proceeds are devoted to a purpose, other than expenses and prizes, which is not such an object, each promoter of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both.

Section 36Verify source

§ 37CONTROL AND LICENSING OF LOTTERIES - 37. Powers of Board with respect to public lotteriesOffence

The Board has powers to impose conditions, ensure compliance, and guide distribution of charitable lottery funds; promoters who breach conditions commit an offence punishable by fine or imprisonment, with a possible defence if they prove lack of consent and due diligence.

Section 37. Powers of Board with respect to public lotteries Section 37(1)(a) impose such conditions as it may deem necessary in order to ensure that the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") concerned is promoted and conducted as efficiently as possible in the interests of the purpose for which it is being promoted and of the public in general; Section 37(1)(b) take such steps as it may deem necessary in order to ensure that any conditions imposed under paragraph (a) have been or are being complied with; and Section 37(1)(c) guide and co-ordinate the proper and equitable distribution of the charitable funds of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") authorized by it. Section 37(2)(a) deleted by ActNo. 38 of 2016, s. 81(a); Section 37(2)(b) providing for the protection of purchasers of tickets or chances in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") against fraud; Section 37(2)(c) restricting the amount of the proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") which may be used for the purposes of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") outside Kenya, which amount shall not exceed twenty per centum of the total amount devoted to the object for which the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") is promoted; Section 37(2)(d) relating to the provision by the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") of guarantors to cover the expected proceeds, or any part thereof, of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") . Section 37(3) Deleted by ActNo. 38 of 2016, s. 81(b). Section 37(4) If any condition imposed under this section is contravened, each of the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") concerned, and where the person by whom the condition is broken is not one of the promoters that person also, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both; but it shall be a defence for a person charged with an offence under this section only by reason of his being a promoter of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") to prove that the offence occurred without his consent or connivance and that he exercised all due diligence to prevent it. [Act No. 38 of 2016 , s. 81.]

Section 37Verify source

§ 38CONTROL AND LICENSING OF LOTTERIES - 38. Power of Board to require incorporation of promoters of public lotteriesProvision

Before authorising a lottery under section 36, the Board may require the promoters to incorporate as a body corporate under the law on incorporation.

Section 38. Power of Board to require incorporation of promoters of public lotteries Section Before authorizing the promotion of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") under section 36 , the Board may require the promoters of the lottery to become a body corporate under any law for the time being in force relating to incorporation.

Section 38Verify source

§ 39CONTROL AND LICENSING OF LOTTERIES - 39. Board may authorize lotteries relating to horse racing, etc.Provision

The Board may issue permits authorizing the promotion and conduct of lotteries on or off the course relating to horse or other races.

Section 39. Board may authorize lotteries relating to horse racing, etc. Section 39(1) The Board may issue a permit authorizing the promotion of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") relating to a horse race ("a pony race;") or other race, whether promoted in Kenya or elsewhere. Section 39(2)(a) an on-the-course permit authorizing the promotion and conduct of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") on the course specified therein; or Section 39(2)(b) a permit authorizing the promotion and conduct of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") off the course. Section 39(3) Section 31 shall apply to every lottery in respect of which a permit under subsection (2)(a) is issued, and accordingly references in section 31 to "totalisator" and to "licensee" shall be construed as including references to lottery on the course and to permit-holder. Section 39(4) Sections 36 , 37 and 38 shall apply to every lottery in respect of which a permit under subsection (2)(b) of this section is issued, and accordingly references in those sections to "lottery" shall be construed as including references to lottery off the course.

Section 39Verify source

§ 40CONTROL AND LICENSING OF LOTTERIES - 40. Exemption of certain kinds of lotteries conducted for charitable, sporting or other purposesOffence

Certain lotteries run for charitable, sporting or other non-commercial purposes are exempt if they meet membership, prize/price, proceeds application, expense/prize limits, ticket/notice and sale restrictions and other conditions set out in subsection (2).

Section 40. Exemption of certain kinds of lotteries conducted for charitable, sporting or other purposes Section 40(1)(a) charitable purposes; Section 40(1)(b) participation in or support of athletic sports or games or cultural activities; Section 40(1)(c) purposes which, not being described in paragraph (a) or paragraph (b), are neither purposes of private gain nor purposes of a commercial undertaking, Section 40(2)(a) the promoter of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be a member of the society authorized in writing by the governing body of the society to act as the promoter; Section 40(2)(b) no remuneration shall be paid in respect of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") to the promoter or to any person employed by the promoter in connection with the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") who carries on a betting business or is otherwise engaged by way of business in the organization of betting; Section 40(2)(c) no prize shall exceed five thousand shillings in amount or value, and no ticket or chance shall be sold at a price exceeding five shillings; Section 40(2)(d) the whole proceeds, after deducting sums lawfully appropriated on account of expenses or for the provision of prizes, shall be applied to purposes of the society, being purposes described in paragraphs (a), (b) and (c) of subsection (1); Section 40(2)(e) the amount of the proceeds appropriated on account of expenses shall not exceed the expenses actually incurred, or fifteen per centum of the whole proceeds, whichever is the less, and the amount of the proceeds appropriated for the provision of prizes shall not exceed one-half of the whole proceeds; Section 40(2)(f) the price of each ticket or chance shall be the same, and the price of a ticket shall be stated on the ticket ; Section 40(2)(g) the total value of the tickets or chances sold shall not exceed fifty thousand shillings; and if, on any day on which tickets or chances in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") are on sale, tickets or chances are on sale in another lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") promoted and conducted on behalf of the society under this section, the total value of the tickets or chances sold in those lotteries taken together shall not exceed fifty thousand shillings; and for the purposes of this paragraph tickets or chances in a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be deemed to be on sale on each day between the dates on which those tickets or chances are first and last sold, whether or not any such ticket or chance is sold on that day; Section 40(2)(h) a notice or advertisement exhibited on the premises ("any place, and in sections,,,,andalso includes any vessel;") of the society, or published or distributed exclusively to members of the society; Section 40(2)(h)(i) a notice or advertisement exhibited on the premises ("any place, and in sections,,,,andalso includes any vessel;") of the society, or published or distributed exclusively to members of the society; Section 40(2)(h)(ii) such notice or advertisement as may be contained in the tickets, if any; Section 40(2)(i) every ticket and every notice or advertisement of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") lawfully exhibited, distributed or published shall specify the name of the society, the name and address of the promoter and the date on which the draw, determination or event by or by reference to which the prize winners are ascertained will take place; Section 40(2)(j) no ticket shall be sent through the post to a person not being a member of the society; Section 40(2)(k) no person shall be admitted to participate in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") in respect of a ticket or chance except after payment to the promoter of the whole price of the ticket or chance, and no money ("a cheque, bank note, postal order or money order;") received by the promoter for or on account of a ticket or chance shall in any circumstances be returned; and Section 40(2)(l) no payment on account of expenses or prizes shall be made out of moneys of the society other than proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") . Section 40(3)(i) it shall be a defence for a person charged with an offence under this section only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it; Section 40(3)(ii) the proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") fell short of the sum reasonably estimated; and Section 40(3)(ii)(a) the proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") fell short of the sum reasonably estimated; and Section 40(3)(ii)(b) the appropriation or payment was made in respect of expenses actually incurred, or in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances; and Section 40(3)(ii)(c) the total amount appropriated or paid in respect of expenses and prizes did not exceed the amounts which could lawfully be appropriated out of the proceeds of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") under subsection (2)(e) if the proceeds had amounted to the sum reasonably estimated. Section 40(4)(a) in construing subsection (1)(c), a purpose for which a society is established or conducted which is calculated to benefit the society as a whole shall not be held to be a purpose of private gain by reason only that action in its fulfilment would result in benefit to any person as an individual; and Section 40(4)(b) in construing subsection (2)(d), where a payment falls to be made by way of hiring, maintenance or other charge in respect of equipment for holding the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") and the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other equipment is used for the purpose of that lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , then that payment shall be held to be an application of the proceeds for purposes of private gain; and accordingly the reference to any such charge falling to be so determined; and Section 40(4)(c) "society" includes a club, institution, organization or association of persons, by whatever name called, and any separate branch or section of that club, institution, organization or association.

Section 40Verify source

§ 41CONTROL AND LICENSING OF LOTTERIES - 41. Exemption of small lotteries incidental to certain entertainmentsOffence

Small lotteries held as part of certain entertainments are subject to the listed conditions and, if any condition in subsection (1) is contravened, every person concerned in promoting or conducting the lottery shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both, with a defence available for lack of consent and due diligence.

Section 41. Exemption of small lotteries incidental to certain entertainments Section 41(1)(a) the expenses of entertainment excluding expenses incurred in connection with the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; and Section 41(1)(a)(i) the expenses of entertainment excluding expenses incurred in connection with the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; and Section 41(1)(a)(ii) the expenses incurred in printing tickets in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; and Section 41(1)(a)(iii) such sum, if any, not exceeding one thousand shillings as the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") think fit to appropriate on account of expenses incurred by them in purchasing prizes in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , Section 41(1)(b) tickets or chances in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall not be sold or issued, nor shall the result of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") be declared, except on the premises ("any place, and in sections,,,,andalso includes any vessel;") on which the entertainment takes place and during the progress of the entertainment; Section 41(1)(c) facilities offered by virtue of section 52 for taking part in gaming; Section 41(1)(c)(i) facilities offered by virtue of section 52 for taking part in gaming; Section 41(1)(c)(ii) the opportunity to win prizes at amusements to which section 56 , Section 41(1)(d) the prizes in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be in the possession and custody of and at the disposal of the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; Section 41(1)(e) no ticket or chance in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be issued or allotted except by way of sale upon the receipt of the full price thereof; Section 41(1)(f) the price of each ticket or chance shall be the same, and the price of a ticket shall be stated on the ticket ; Section 41(1)(g) there shall not be exhibited, published or distributed a written notice or advertisement of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , other than a notice thereof exhibited on the premises ("any place, and in sections,,,,andalso includes any vessel;") on which the entertainment takes place and such announcement or advertisement thereof as is contained in the tickets, if any: Section 41(1)(h) none of the prizes in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be money ("a cheque, bank note, postal order or money order;") prizes; and Section 41(1)(i) no ticket or chance shall be sold at a price exceeding ten shillings. Section 41(2) If any of the conditions specified in subsection (1) is contravened, every person concerned in the promotion or conduct of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both: Provided that it shall be a defence for a person charged with an offence under this section to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it. Section 41(3) The entertainments to which this section applies are bazaars, sales of work, fetes, dinners, dances, sporting or athletic events and other entertainments of a similar character, whether limited to one day or part thereof or extending over two or more days. Section 41(4) So much of section 29 as relates to betting in a place other than a street shall not apply to this section. [Act No. 22 of 1987 , Sch.]

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§ 42CONTROL AND LICENSING OF LOTTERIES - 42. Private lotteriesOffence

Section 42 sets conditions for private lotteries promoted by societies: proceeds (after certain expenses) must be devoted to prizes or society purposes; tickets must display specified information; ticket prices must be uniform and stated; tickets only issued on sale with full price and not returned; tickets must not be sent by post; contravention is an offence with fines or imprisonment and a defence for promoters who prove no consent.

Section 42. Private lotteries Section 42(1)(a) the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances, or, in the case of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") promoted for the members of the society, shall be devoted either to the provision of prizes or to purposes which are purposes of the society, or, as to part to the provision of prizes and, as to the remainder, to purposes of the society; Section 42(1)(b) a notice thereof exhibited on the premises ("any place, and in sections,,,,andalso includes any vessel;") of the club for whose members it is promoted or, as the case may be, on the premises ("any place, and in sections,,,,andalso includes any vessel;") on which the persons for whom it is promoted work or reside; Section 42(1)(b)(i) a notice thereof exhibited on the premises ("any place, and in sections,,,,andalso includes any vessel;") of the club for whose members it is promoted or, as the case may be, on the premises ("any place, and in sections,,,,andalso includes any vessel;") on which the persons for whom it is promoted work or reside; Section 42(1)(b)(ii) such announcement or advertisement thereof as is contained in the tickets, if any; Section 42(1)(c) the price of each ticket or chance shall be the same, and the price of a ticket shall be stated on the ticket ; Section 42(1)(d) every ticket shall bear upon the face of it the names and addresses of each of the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") and a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement; Section 42(1)(e) no ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof and no money ("a cheque, bank note, postal order or money order;") or valuable thing so received by a promoter shall in any circumstances be returned; and Section 42(1)(f) no ticket in the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") shall be sent through the post. Section 42(2) If any of the conditions specified in subsection (1) is contravened, each of the promoters of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") , and where the person by whom the condition is broken is not one of the promoters that person also, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both: Provided that it shall be a defence for a person charged with an offence under this section only by reason of his being a promoter of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it. Section 42(3)(a) members of one society established for social or recreational purposes only; or Section 42(3)(a)(i) members of one society established for social or recreational purposes only; or Section 42(3)(a)(ii) persons all of whom work on the same premises ("any place, and in sections,,,,andalso includes any vessel;") ; or Section 42(3)(a)(iii) persons all of whom reside on the same premises ("any place, and in sections,,,,andalso includes any vessel;") , and which is promoted by persons each of whom is a person to whom, under subparagraphs (i), (ii) and (iii), tickets or chances may be sold by the promoters and, in the case of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") promoted for the members of a society, is a person authorized in writing by the governing body of the society to promote the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; Section 42(3)(b) "society" includes a club, institution, organization or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.

Section 42Verify source

§ 43CONTROL AND LICENSING OF LOTTERIES - 43. Sale ofticketby or to a person under sixteen an offenceOffence

It is an offence for tickets or chances in a lottery promoted and conducted under this Part to be sold by or to any person under the age of sixteen years; limited defences are available to persons charged (including promoters) as described.

Section 43. Sale ofticketby or to a person under sixteen an offence Section 43(1) No ticket or chance in a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") promoted and conducted under this Part shall be sold by or to a person under the age of sixteen years. Section 43(2)(i) it shall be a defence for a person charged with an offence under this section only by reason his being a promoter of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it; Section 43(2)(ii) it shall be a defence to prove that the person charged neither knew nor had reasonable cause to suspect that the person was under the age of sixteen years.

Section 43Verify source

§ 44CONTROL AND LICENSING OF LOTTERIES - 44. Submission of accounts and returns in respect of lotteriesProvision

The Board may require promoters of lotteries conducted under sections 40–42 to submit accounts and make returns in the form and within the period the Board specifies.

Section 44. Submission of accounts and returns in respect of lotteries Section 44(1) The Board may require the promoters of a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") which is promoted or conducted under sections 40 , 41 and 42 to submit accounts and make returns in such form and within such period as it may specify. Section 44(2)(a) makes default in submitting accounts or making returns required to be submitted or made under this section within the time specified; or Section 44(2)(b) submits accounts or makes a return which he knows or may be reasonably considered to know to be false in a material particular,

Section 44Verify source

§ 44ACONTROL AND LICENSING OF LOTTERIES - 44A. LotterytaxProvision

A lottery tax is charged at 15% of lottery turnover and must be paid to the Collector by persons authorized to promote the lottery on the 20th day of the month following collection.

Section 44A. Lotterytax Section 44A(1) There shall be a tax ("any charges, fees, levies or impositions imposed under this Act;") to be known as lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") tax ("any charges, fees, levies or impositions imposed under this Act;") chargeable at the rate of fifteen per cent of the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") turnover. Section 44A(2) The tax ("any charges, fees, levies or impositions imposed under this Act;") shall be paid to the Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") by a person authorized to promote the lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") on the 20th day of the month following the month of collection. [Act No. 38 of 2016 , s. 82, Act No. 15 of 2017 , s. 30, Act No. 10 of 2018 , s. 54.]

Section 44AVerify source

Part V

GAMING

§ 45GAMING - 45. Offences relating to unlicensedgaming premisesOffence

Section 45 makes it an offence for owners, occupiers, managers, promoters, financiers or persons who game to use, permit, manage, announce, invite to, or finance "unlicensed gaming premises" and prescribes penalties including a fine up to five thousand shillings and imprisonment up to six months.

Section 45. Offences relating to unlicensedgaming premises Section 45(1)(a) being the owner or occupier or having the use temporarily or otherwise thereof, keeps or uses unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") ; or Section 45(1)(b) permits premises ("any place, and in sections,,,,andalso includes any vessel;") of which he is the owner or occupier, or of which he has the use temporarily or otherwise, to be used as unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") ; or Section 45(1)(c) has the care or management of, or in any manner assists or is engaged in the management of, premises ("any place, and in sections,,,,andalso includes any vessel;") kept or used as unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") ; or Section 45(1)(d) announces or publishes or causes to be announced or published, either orally or by means of any print, writing, design, sign or otherwise, that any premises ("any place, and in sections,,,,andalso includes any vessel;") are opened, kept or used as unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") , or in any manner invites or solicits any person to play in unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") ; or Section 45(1)(e) advances, furnishes or receives money ("a cheque, bank note, postal order or money order;") for the purpose of establishing or conducting the business of unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") , Section 45(2) A person who games in unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both; and a person found in unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") , or found escaping therefrom on the occasion of its being entered under this Act, shall be presumed until the contrary is proved to be or to have been gaming ("the playing of a game of chance for winnings in money or money ’s worth;") therein. Section 45(3) A person who occupies or has the use temporarily of premises ("any place, and in sections,,,,andalso includes any vessel;") which are kept or used by another person as unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") shall be presumed until the contrary is proved to have permitted that place to be so kept or used. Section 45(4) In this section, "unlicensed gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") " means gaming premises ("premises which are kept or used (whether on one occasion or more than one) for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game of chance be an unlawful game or not;") in respect of which no licence is issued under this Part.

Section 45Verify source

§ 46GAMING - 46. Board may license publicgaming premisesProvision

The Board may issue licences authorizing persons to organize and manage gaming on premises open to the public, subject to regulations.

Section 46. Board may license publicgaming premises Section 46(1) The Board may, subject to any regulations made under this Act, issue a licence authorizing a person to organize and manage gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , other than gaming ("the playing of a game of chance for winnings in money or money ’s worth;") organized and managed under section 50 or section 52 , on premises to which the public may resort for the purpose of playing games, not being unlawful games. Section 46(2) A licence shall be issued in respect of each premises ("any place, and in sections,,,,andalso includes any vessel;") to be used for gaming ("the playing of a game of chance for winnings in money or money ’s worth;") and any licence to be issued under this section shall state the game or games which the licensee ("a person issued with a licence under any of, 18, 22 and 46;") may, on the premises ("any place, and in sections,,,,andalso includes any vessel;") named therein, organize and manage. Section 46(3)(a) the manner in which a person may conduct his business and the suitability, condition and conduct of the premises ("any place, and in sections,,,,andalso includes any vessel;") and the hours during which the premises ("any place, and in sections,,,,andalso includes any vessel;") may be open for business; Section 46(3)(b) the protection of persons taking part in the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") against fraud; Section 46(3)(c) the payment of admission fees for persons resorting to the premises ("any place, and in sections,,,,andalso includes any vessel;") . Section 46(4) Where an admission fee is charged under subsection (3)(c) it shall be subject to the payment of tax ("any charges, fees, levies or impositions imposed under this Act;") under the Entertainments Tax Act ( Cap. 479 ). [Act No. 9 of 1967 , Sch.]

Section 46Verify source

§ 47GAMING - 47. Offences relating tolicensed gaming premisesOffence

Licensed persons must not use or permit licensed premises for unauthorized or unfair games; doing so is an offence under section 45(1). Presence to take part in such gaming is an offence under section 45(2). Advertising, displaying notices or publishing relating to such gaming is prohibited.

Section 47. Offences relating tolicensed gaming premises Section 47(1) If a person issued with a licence under section 46 uses or permits the use of licensed gaming premises for the playing of games not authorized by the Board or a variant of or of a similar nature to a game sanctioned by the Board which is played in a manner that the chances therein are not equally favourable to all the players, or contravenes or fails to comply with any condition imposed by the Board or by any regulations made under this Act, then it shall be held that the gaming was unlawful gaming and the person shall be guilty of an offence under section 45 (1): Provided that it shall be a defence for a person charged with an offence under this section only by reason of his being concerned with the conduct of the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") to prove that the contravention of a condition imposed under section 46 (3) occurred without his consent or connivance and that he exercised all due diligence to prevent it. Section 47(2) A person who is present at gaming ("the playing of a game of chance for winnings in money or money ’s worth;") mentioned in subsection (1) for the purpose of taking part therein shall be guilty of an offence under section 45 (2), and for the purpose of this subsection proof that a person was present at the gaming shall be evidence that he was present for the purpose of taking part therein unless he proves to the contrary. Section 47(3)(a) holds himself out by advertisement or notice or public placard as willing to provide members of the public with premises ("any place, and in sections,,,,andalso includes any vessel;") for the playing of a game of chance ("a game of chance and skill combined and a pretended game of chance or of chance and skill combined, but does not include an athletic game or sport;") ; or Section 47(3)(b) displays a written or printed placard or notice relating to gaming ("the playing of a game of chance for winnings in money or money ’s worth;") so as to be seen in a public street or place; or Section 47(3)(c) prints or publishes, or causes to be printed or published, an advertisement or other notice,

Section 47Verify source

§ 48GAMING - 48. Gaming with young persons an offenceOffence

Section 48 makes it an offence to play a game with, permit the playing by, allow entry of a young person onto licensed gaming premises, or employ a young person in the organisation or management of gaming.

Section 48. Gaming with young persons an offence Section 48(1)(a) plays a game with, or permits the playing of a game by, a young person; or Section 48(1)(b) allows a young person to come on to licensed gaming premises ("premises licensed under this Act as premises to which the public may resort for the purpose of gaming;") , whether for the purpose of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") or otherwise; or Section 48(1)(c) employs a young person in the organization or management of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , Section 48(2) In this section, "young person" has the meaning assigned to it in section 28 (2).

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§ 49GAMING - 49.[Repealed by ActNo. 9 of 2000, s. 72.]Repeal

Section 49 has been repealed by Act No. 9 of 2000, s. 72.

Section 49.[Repealed by ActNo. 9 of 2000, s. 72.]

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§ 50GAMING - 50. SmallgamingpartiesOffence

Small gaming parties are permitted only where the chances are equally favourable to all players; stakes are only paid out as winnings; no other payment is required to take part; and the gaming occurs in a private dwelling-house or with parental/guardian presence or permission. Presence at gaming used as in subsection (3) for the purpose of taking part is an offence punishable by a fine up to three thousand shillings or imprisonment up to three months or both.

Section 50. Smallgamingparties Section 50(1)(a) the chances in the game are equally favourable to all the players; or Section 50(1)(a)(i) the chances in the game are equally favourable to all the players; or Section 50(1)(a)(ii) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") is so conducted that the chances therein are equally favourable to all the players; and Section 50(1)(b) no money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth which any of the players puts down as stakes, or pays by way of losses, or exchanges for tokens used in playing the game, is disposed of otherwise than by payment to a player as winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") ; and Section 50(1)(c) no other payment in money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth is required for a person to take part in the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; and Section 50(1)(d) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") takes place in a private dwelling-house or in the presence of a parent or guardian of that person; and Section 50(1)(d)(i) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") takes place in a private dwelling-house or in the presence of a parent or guardian of that person; and Section 50(1)(d)(ii) any such person taking part in the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") does so with the permission, whether general or special, of a parent or guardian of that person. Section 50(2)(a) that the game was, or was a variant of or of a similar nature to, a game which is capable of being played in accordance with the ordinary rules thereof in a manner that the chances therein are not equally favourable to all the players, and that ten or more persons were present at the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; or Section 50(2)(b) that a payment of money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth was required in order to obtain access to the premises ("any place, and in sections,,,,andalso includes any vessel;") ; or Section 50(2)(c) that subsection (1)(d) was contravened, Section 50(3)(a) allowed the premises ("any place, and in sections,,,,andalso includes any vessel;") to be used for the purposes of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; or Section 50(3)(b) let the premises ("any place, and in sections,,,,andalso includes any vessel;") , or otherwise made the premises ("any place, and in sections,,,,andalso includes any vessel;") available, to any person by whom an offence in connection with the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") has been committed, Section 50(4) A person who is present at any gaming ("the playing of a game of chance for winnings in money or money ’s worth;") such as is mentioned in subsection (3) for the purpose of taking part therein shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both; and for the purposes of this subsection proof that a person was present at gaming ("the playing of a game of chance for winnings in money or money ’s worth;") shall be evidence that he was present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for purposes of taking part in the management of the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , operating any instrument or other thing whatsoever used in connection with the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , or making bets with respect to the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") : Provided that, for the purposes of proceedings under this subsection, paragraph (c) of subsection (1) shall be deemed to be omitted if the person charged proves that he was not required to make, or to undertake to make, a payment such as is mentioned in that paragraph and that he neither knew nor had reasonable cause to suspect any other person was so required.

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§ 51GAMING - 51. Saving for clubsProvision

If gaming was carried on as an activity of a club and gaming is not the only or the only substantial activity of the club, the section saves (preserves) that position for clubs.

Section 51. Saving for clubs Section that the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") was carried on as an activity of a club and that gaming ("the playing of a game of chance for winnings in money or money ’s worth;") is not the only, or the only substantial, activity of the club; and

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§ 52GAMING - 52. Gaming at entertainments not held for private gainSubstitution

Sets conditions under which gaming at entertainments not held for private gain is regulated (conditions on fairness of chances, payments, prize limits, application of proceeds, expenses, presence/permission of parent or guardian) and makes it an offence to be present for taking part in prohibited gaming, punishable by a fine up to three thousand shillings or imprisonment up to three months, or both.

Section 52. Gaming at entertainments not held for private gain Section 52(1)(a) the chances in the game are equally favourable to all players; or Section 52(1)(a)(i) the chances in the game are equally favourable to all players; or Section 52(1)(a)(ii) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") is so conducted that the chances therein are equally favourable to all the players; and Section 52(1)(b) not more than one payment (whether by way of entrance fee or stake or otherwise) is made by each player in respect of all games played at the entertainment, and no such payment exceeds five shillings; and Section 52(1)(c) not more than one distribution of prizes or awards is made in respect of all games played at the entertainment, and, subject to subsection (2), the total value of all prizes and awards distributed in respect of the games does not exceed four hundred shillings; and Section 52(1)(d) the whole of the proceeds of the payments mentioned in paragraph (b), after deducting sums lawfully appropriated on account of expenses or for the provision of prizes or awards in respect of the games, are applied for purposes other than private gain; and Section 52(1)(e) the amount of the proceeds appropriated in respect of expenses does not exceed the reasonable cost of the facilities provided for the purposes of the games; and Section 52(1)(f) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") takes place in the presence of a parent or guardian of that person; and Section 52(1)(f)(i) the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") takes place in the presence of a parent or guardian of that person; and Section 52(1)(f)(ii) any such person taking part in the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") does so with the permission, whether general or special, of a parent or guardian of that person. Section 52(2) Where two or more entertainments are promoted on the same premises ("any place, and in sections,,,,andalso includes any vessel;") by the same persons on any day, the conditions specified in subsection (1) shall apply in relation to those entertainments as if they were a single entertainment. Section 52(3) Except as provided by subsection (2), where a series of entertainments is held the conditions specified in subsection (1) shall apply separately to each entertainment in the series, whether or not some or all of the persons taking part in any one of those entertainments are thereby qualified to take part in any other of them; and where each of the persons taking part in the games played at the final entertainment of the series is qualified to do so by reason of having taken part in the games played at another entertainment of that series held on a previous day (being an entertainment to which this section applies) subsection (1)(c) shall apply in relation to that final entertainment as if for the words "four hundred shillings" there were substituted the words "two thousand shillings". Section 52(4)(a) that a game was, or was a variant of or of a similar nature to, a game which is capable of being played in accordance with the ordinary rules thereof in a manner that the chances therein are not equally favourable to all the players; or Section 52(4)(b) that more than one payment was made by any player in respect of the games played at the entertainment or that any payment made by a player exceeded five shillings; or Section 52(4)(c) that subsection (1)(f) was contravened, Section 52(5)(a) allowed premises ("any place, and in sections,,,,andalso includes any vessel;") to be used for the purpose of that gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; or Section 52(5)(b) let premises ("any place, and in sections,,,,andalso includes any vessel;") , or otherwise made the premises ("any place, and in sections,,,,andalso includes any vessel;") available to a person by whom an offence in connection with the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") has been committed, Section 52(6) A person who is present at gaming ("the playing of a game of chance for winnings in money or money ’s worth;") such as is mentioned in subsection (5) for the purpose of taking part therein shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both; and proof that a person was present at gaming ("the playing of a game of chance for winnings in money or money ’s worth;") shall be evidence that he was present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for the purpose of taking part in the management of the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , operating any instrument or other thing whatsoever used in connection with the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , or making bets with respect to the gaming ("the playing of a game of chance for winnings in money or money ’s worth;") : Provided that, for the purpose of proceedings under this subsection, paragraph (b) of subsection (1) shall be deemed to be omitted if the person charged proves that he was not required to make, or to undertake to make, more than one payment or any payment exceeding five shillings and that he neither knew nor had reasonable cause to suspect that any other person was so required. Section 52(7)(a) "entertainment" means a bazaar, sale of work, fete dinner, dance, sporting or athletic event or other entertainment of a similar character whether limited to one day or part thereof or extending over two or more days; and Section 52(7)(b) in construing paragraph (d) of subsection (1), the proceeds of the payments mentioned in that paragraph shall not be held to be applied for purposes of private gain by reason only that their application for purposes other than private gain resulted in benefit to any person as an individual: Section 52(8) So much of section 55 as relates to gaming in a place other than a street shall not apply to this section.

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§ 53GAMING - 53. Gaming machinesOffence

Defines "unauthorized gaming machine" and lists actions related to use, permitting, allowing premises for gaming, placing machines on premises, and letting premises be used in connection with such machines.

Section 53. Gaming machines Section 53(1)(a) uses or permits the use of an unauthorized gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") ; or Section 53(1)(b) knowingly allows premises ("any place, and in sections,,,,andalso includes any vessel;") to be used for the purpose of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") by means of an unauthorized gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") ; or Section 53(1)(c) caused or allowed the machine to be placed on the premises ("any place, and in sections,,,,andalso includes any vessel;") ; or Section 53(1)(c)(i) caused or allowed the machine to be placed on the premises ("any place, and in sections,,,,andalso includes any vessel;") ; or Section 53(1)(c)(ii) let the premises ("any place, and in sections,,,,andalso includes any vessel;") , or otherwise made the premises ("any place, and in sections,,,,andalso includes any vessel;") available, to a person by whom an offence in connection with the machine was committed, Section 53(2) In this section, "unauthorized gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") " means a gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") in respect of which a permit has not been issued under section 54 .

Section 53Verify source

§ 54GAMING - 54. Board may authorize use ofgaming machineOffence

The Board may issue permits authorizing the use of gaming machines on premises it approves, subject to regulations and specified conditions about number of machines, stake size, application of stakes, and age of users; contravention is an offence punishable by fine up to three thousand shillings or up to three months imprisonment or both.

Section 54. Board may authorize use ofgaming machine Section 54(1) The Board may, subject to any regulations made under this Act, issue a permit authorizing the use of a gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") on premises ("any place, and in sections,,,,andalso includes any vessel;") approved by it. Section 54(2)(a) not more than two gaming ("the playing of a game of chance for winnings in money or money ’s worth;") machines are made available for play in any one building or, where different parts of a building are occupied by two or more different persons, in the part or parts of the building occupied by any one of those persons; and Section 54(2)(b) the stake hazarded in order to play the game once does not exceed one shilling; and Section 54(2)(c) all stakes hazarded are applied either in the payment of winnings ("winnings of any kind and a reference to the amount or to the payment of winnings shall be construed accordingly") to a player of the game or for purposes other than private gain; and Section 54(2)(d) the premises ("any place, and in sections,,,,andalso includes any vessel;") on which the gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") is used are not wholly or mainly used by persons under the age of eighteen years. Section 54(3) A person who contravenes any conditions provided for in subsection (2) or imposed by the Board ("the Betting Control and Licensing Board established by;") shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 54(4)(a) in construing subsection (2)(c), stakes hazarded shall not be held to be applied for purposes of private gain by reason only that their application for purposes other than private gain resulted in benefit to any person as an individual: Provided that, where a payment falls to be made by way of hiring, maintenance or other charge in respect of a gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") and the amount of that charge falls to be determined wholly or partly by reference to the extent to which that gaming machine ("a machine for playing a game of chance, being a game which requires no action by a player other than the actuation or manipulation of the machine;") is used for the purposes of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , then that payment shall be held to be an application of the stakes hazarded for purposes of private gain; Section 54(4)(b) "building" includes the curtilage of the building.

Section 54Verify source

§ 55GAMING - 55. Gaming in public place an offenceOffence

Taking part in games of chance in a public street or similar place is an offence punishable by a fine up to 3,000 shillings or up to 3 months’ imprisonment or both; a police officer may arrest without warrant anyone suspected of committing this offence.

Section 55. Gaming in public place an offence Section 55(1) Subject to this Act, a person who takes part in gaming ("the playing of a game of chance for winnings in money or money ’s worth;") in a street or other place to which, whether on payment or otherwise, the public have or may have access, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 55(2) A police officer may arrest without warrant anyone whom he finds in a street or other place referred to in subsection (1) and whom he suspects, with reasonable cause, to be committing an offence under this section. Section 55(3) In this section, "street" has the meaning assigned to it in section 29 (3).

Section 55Verify source

§ 55AGAMING - 55A. GamingtaxProvision

Persons carrying on a gaming business must pay the gaming tax to the Collector on the 20th day of the month following the month of collection.

Section 55A. Gamingtax Section 55A(1) There shall be a tax ("any charges, fees, levies or impositions imposed under this Act;") to be known as gaming ("the playing of a game of chance for winnings in money or money ’s worth;") tax ("any charges, fees, levies or impositions imposed under this Act;") chargeable at the rate of fifteen per cent of the gaming revenue ("gross turnover less the amount paid out to customers as winnings;") . Section 55A(2) The tax ("any charges, fees, levies or impositions imposed under this Act;") shall be paid to the Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") by a person carrying on a gaming ("the playing of a game of chance for winnings in money or money ’s worth;") business on the 20th day of the month following the month of collection. [Act No. 38 of 2016 , s. 83, Act No. 15 of 2017 , s. 31, Act No. 10 of 2018 , s. 55.]

Section 55AVerify source

Part VI

AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS

§ 56AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 56. Provision of amusements with prizes at certain non-commercial entertainmentsOffence

Permits provision of amusements with prizes at certain non-commercial entertainments subject to expense rules and limits on prize appropriation; makes contravention an offence with fines or imprisonment and defines "entertainment".

Section 56. Provision of amusements with prizes at certain non-commercial entertainments Section 56(1)(a) the expenses of the entertainment, including expense incurred in connection with any such amusements; Section 56(1)(a)(i) the expenses of the entertainment, including expense incurred in connection with any such amusements; Section 56(1)(a)(ii) such sum, if any, not exceeding one thousand shillings as the persons providing the amusements think fit to appropriate on account of expenses incurred by them in purchasing prizes in connection with any such amusements, Section 56(1)(b) the opportunity to win prizes at amusements to which this section applies, or that opportunity together with facilities offered by virtue of section 41 of the manner for participation in a lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or by virtue of section 52 for taking part in gaming, is not the only, or the only substantial, inducement to persons to attend the entertainment. Section 56(2) If any of the conditions specified in subsection (1) is contravened or not complied with, every person concerned in the provision or conduct of that amusement shall, unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it, be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 56(3)(a) in construing subsection (1)(a), the proceeds of the entertainment shall not be held to be applied for purposes of private gain by reason only that their application for purposes other than private gain resulted in benefit to any person as an individual: Provided that, where a payment falls to be made by way of hiring, maintenance or other charge in respect of any equipment for providing the amusements and the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other equipment is used for the purpose of the amusements, then the payment shall be held to be an application of the proceeds for purposes of private gain, and accordingly the reference to expenses shall not include a reference to any such charge falling to be so determined; Section 56(3)(b) "entertainment" means a bazaar, sale of work, fête, dinner, dance, sporting or athletic event or other entertainment of a similar character whether limited to one day or part thereof or extending over two or more days.

Section 56Verify source

§ 57AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 57. Provision of amusements with prizes at certain commercial entertainmentsOffence

Sets limits and conditions for amusements with prizes (amounts payable for chances, aggregate sales, prize values, tokens and fair-day limits) and makes contravention an offence punishable by fine or imprisonment subject to a due-diligence defence.

Section 57. Provision of amusements with prizes at certain commercial entertainments Section 57(1)(a) on premises ("any place, and in sections,,,,andalso includes any vessel;") in respect of which a permit for the provision thereon of those amusements has been granted by a local authority under section 162(f) of the Local Government Act ( Cap. 265 ) and is for the time being in force; and Section 57(1)(b) at a pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of a year on premises ("any place, and in sections,,,,andalso includes any vessel;") not previously used in that year on more than twenty-seven days for the holding of a pleasure fair. Section 57(2)(a) the amount paid by a person for any one chance to win a prize does not exceed one shilling; Section 57(2)(b) the aggregate amount taken by way of the sale of chances in any one determination of winners, if any, of prizes does not exceed fifty shillings, and the sale of those chances and the declaration of the result take place on the same day and on the premises ("any place, and in sections,,,,andalso includes any vessel;") on which, and during the time when, the amusement is provided; Section 57(2)(c) no money ("a cheque, bank note, postal order or money order;") prize is distributed or offered which exceeds one shilling; Section 57(2)(d) the winning of, or the purchase of a chance to win, a prize does not entitle a person, whether or not subject to a further payment by him, to any further opportunity to win money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth by taking part in any amusement with prizes or in any gaming ("the playing of a game of chance for winnings in money or money ’s worth;") or lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") ; and Section 57(2)(e) in the case of a pleasure fair mentioned in subsection (1)(b), the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair. Section 57(3)(a) a money ("a cheque, bank note, postal order or money order;") prize not exceeding one shilling; Section 57(3)(a)(i) a money ("a cheque, bank note, postal order or money order;") prize not exceeding one shilling; Section 57(3)(a)(ii) a prize other than money ("a cheque, bank note, postal order or money order;") of a value not exceeding five shillings; Section 57(3)(a)(iii) one or more tokens of a nominal value exchangeable (so far as not used for further playing of the game) for prizes other than money ("a cheque, bank note, postal order or money order;") on the basis of a prize of prizes of a value or aggregate value not exceeding five shillings for a number of tokens equal to the maximum number of tokens which can be won at any one playing of the game; and Section 57(3)(b) a player’s success at the game shall not entitle a person to, or to exchange any prize or token for, a benefit other than those provided for by paragraph (a): Section 57(4) If any of the conditions specified in subsections (2) and (3) is contravened, every person concerned in the provision or the conduct of that amusement shall, unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it, be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. [Act No. 9 of 1967 , Sch.]

Section 57Verify source

§ 58AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 58. Amusement machinesProvision

The Board may issue permits for amusement machines on premises subject to regulations and conditions, and persons under 18 may not play unless a parent or guardian is present and gives permission.

Section 58. Amusement machines Section 58(1) The Board may, subject to any regulations made under this Act, issue a permit authorizing the use of an amusement machine or amusement machines on premises ("any place, and in sections,,,,andalso includes any vessel;") approved by it. Section 58(2) A permit issued under this section shall be subject to such conditions as the Board ("the Betting Control and Licensing Board established by;") may impose and in every case to the condition that no person under the age of eighteen years shall play an amusement machine unless in the presence of, and with the permission of, his parent or guardian. Section 58(3)(a) uses or permits the use of an amusement machine in respect of which a permit has not been issued under subsection (1); or Section 58(3)(b) contravenes or allows the contravention of any condition provided for or imposed by the Board ("the Betting Control and Licensing Board established by;") under subsection (2), Section 58(4)(a) which is operated by the insertion of a coin or coins into the machine; and Section 58(4)(b) the opportunity afforded by the automatic action of the machine to play the game again without insertion of a coin; or Section 58(4)(b)(i) the opportunity afforded by the automatic action of the machine to play the game again without insertion of a coin; or Section 58(4)(b)(ii) the delivery by the machine of a coin or coins of a value not exceeding that required in order to play the game once.

Section 58Verify source

§ 59AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 59. Prohibition against competitions or prizes involving no skillOffence

Persons must not run or enter competitions where success does not substantially depend on skill; contravening is an offence punishable by a fine up to three thousand shillings or up to three months' imprisonment or both.

Section 59. Prohibition against competitions or prizes involving no skill Section 59(1)(a) a competition in which prizes are offered for forecasts of the result either of a future event, or of a past event the result of which is not yet ascertained or not yet generally known; Section 59(1)(b) any other competition success in which does not depend to a substantial degree upon the exercise of skill: Section 59(2) A person who contravenes this section shall, without prejudice to his liability, if any, to be proceeded against under any other provision of this Act relating to betting and lotteries, be guilty of an offence and liable to fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both. Section 59(3) In this section, "broadcasting" means radio communication, within the meaning of section 2 of the Kenya Information and Communications Act ( Cap. 411A ), for reception by members of the public.

Section 59Verify source

§ 59AAMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 59A. Prize competitionsOffence

The Board may issue permits for prize competitions that substantially depend on skill; promoting or advertising such competitions without a permit is an offence punishable by up to a KSh 10,000 fine or up to one year imprisonment; competitions prohibited under section 59 are excluded.

Section 59A. Prize competitions Section 59A(1) The Board may, subject to any regulations made under this Act, issue a permit authorizing the promotion and conduct of prize competitions success of which depends to a substantial degree upon the exercise of skill in connection with any trade or business or the sale of any article to the public. Section 59A(2) Any person who promotes or advertises any competition in connection with any trade or business or the sale of any article to the public without a permit shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to a term of imprisonment not exceeding one year or both. Section 59A(3) Nothing in this section shall apply to any competition prohibited under section 59 . [Act No. 10 of 1987 , s. 40.]

Section 59AVerify source

§ 59BAMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 59B. Prize competitiontaxProvision

Licensed persons must pay the prize competition tax to the Collector on the 20th day of the month following the month of collection.

Section 59B. Prize competitiontax Section 59B(1) There shall be a tax ("any charges, fees, levies or impositions imposed under this Act;") to be known as prize competition tax ("any charges, fees, levies or impositions imposed under this Act;") chargeable on the cost of entry to a competition which is premium rated at the rate of fifteen per cent of the total gross turnover. Section 59B(2) The tax ("any charges, fees, levies or impositions imposed under this Act;") shall be paid to the Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") by the licensed person on the 20th day of the month following the month of collection. [Act No. 38 of 2016 , s. 84, Act No. 15 of 2017 , s. 32, Act No. 10 of 2018 , s. 56.]

Section 59BVerify source

§ 60AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS AND CHAIN LETTERS - 60. Chain letters, etc.Offence

It is an offence for a person to send, cause to be sent, supply or deliver chain letters or vouchers, or to send or receive money or moneys worth in connection with them; offenders face a fine not exceeding one hundred thousand shillings or imprisonment not exceeding two years or both.

Section 60. Chain letters, etc. Section 60(1) A person who sends or causes to be sent or supplies or delivers any chain letter or voucher or who sends or receives money ("a cheque, bank note, postal order or money order;") or moneys worth in connection with a chain letter or voucher shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. Section 60(2)(a) that he should send, supply or deliver a document having the same or similar purport to another person or persons; and Section 60(2)(b) that he should remit to a person or to an address specified in the first- mentioned document money ("a cheque, bank note, postal order or money order;") or money ("a cheque, bank note, postal order or money order;") ’s worth.

Section 60Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 61MISCELLANEOUS PROVISIONS - 61. Obtaining ofmoneyby cheating at lawfulgaming, or by wagering on any event, an offenceOffence

Makes it an offence for a person to obtain money or valuable things by fraud or unlawful devices in gaming, wagering or betting.

Section 61. Obtaining ofmoneyby cheating at lawfulgaming, or by wagering on any event, an offence Section A person who, by any fraud or unlawful device or ill-practice in playing at or with an instrument of gaming ("the playing of a game of chance for winnings in money or money ’s worth;") , or in taking a part in the stakes or wagers, or in betting on the sides or hands of those that are playing, or in wagering on the event of a game, sport, pastime or exercise, wins from another person for himself, or for or on behalf of another person, a sum of money ("a cheque, bank note, postal order or money order;") or valuable thing shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both.

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§ 62MISCELLANEOUS PROVISIONS - 62. Appeals from decisions of BoardProvision

A person aggrieved by a Board decision may appeal to the High Court within twenty-one days.

Section 62. Appeals from decisions of Board Section A person aggrieved by a decision of the Board ("the Betting Control and Licensing Board established by;") made under this Act may, within twenty-one days of the decision, appeal to the High Court, and a decision of a judge of the High Court shall not be the subject of appeal.

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§ 63MISCELLANEOUS PROVISIONS - 63. Power to enter and inspect land orpremisesOffence

Authorised Board agents and senior police officers may enter and inspect premises, examine and seize documents related to betting, lottery or gaming; those seizing must give receipts and report seizures, and persons must not obstruct or give false information (with a right not to self-incriminate). Offences carry fines or imprisonment.

Section 63. Power to enter and inspect land orpremises Section 63(1)(a) for a person authorized in writing in that behalf by the Board ("the Betting Control and Licensing Board established by;") , on production of his authority if demanded; Section 63(1)(b) for a police officer of or above the rank of Assistant Inspector, Section 63(1)(i) examine and take copies of books, accounts and documents relating or appearing to relate to any betting transaction ("the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;") , lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or gaming ("the playing of a game of chance for winnings in money or money ’s worth;") ; Section 63(1)(ii) seize, remove or detain a book, account or document which he has reasonable cause to suppose will afford evidence of an offence under this Act or any regulations made thereunder; Section 63(1)(iii) require the owner or occupier of the premises ("any place, and in sections,,,,andalso includes any vessel;") to render such explanation and give such information relating to any betting transaction ("the collection or payment of winnings on a bet and any transaction in which one or more of the parties is acting as a bookmaker;") , lottery ("a sweepstake, a raffle and any scheme or device for the sale, gift, disposal or distribution of any property depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by the withdrawing of tickets, cards, lots, numbers or figures, or by means of a wheel, or otherwise howsoever;") or gaming ("the playing of a game of chance for winnings in money or money ’s worth;") as may be reasonably required by him in the performance of his duties. Section 63(2) The power to act under subsection (1) shall only be exercised without warrant if the person so acting has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder him in the performance of his duties, and the power shall be exercised only by or under the directions of a police officer of or above the rank of Inspector unless the person authorized in writing by the Board ("the Betting Control and Licensing Board established by;") or the Permanent Secretary has reasonable cause to believe that the delay occasioned in summoning a police officer would, or would tend to, defeat the purposes of this section. Section 63(3) A person who resists, hinders or obstructs a person acting in pursuance of any of the provisions of this section, or who on a requisition under subsection (1) wilfully withholds information, or gives information knowing or having reason to believe it to be false or misleading, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both: Provided that no person may be required to answer any question the answer to which may tend to expose him to any criminal charge, penalty or forfeiture. Section 63(4) Before removing anything under subsection (1), the person removing it shall furnish the person in whose custody or possession the article is at the time of removal with a written receipt therefore. Section 63(5) Every seizure under this section shall be reported without unnecessary delay to a magistrate. [Act No. 4 of 1999 , s. 50, Act No. 9 of 2000 , s. 73.]

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§ 64MISCELLANEOUS PROVISIONS - 64. Forfeiture of licence and security on conviction and disqualification oflicenseeOffence

On conviction for offences under this Act (or offences involving fraud or dishonesty) the Court may order forfeiture and cancellation of the licence; the Court may order forfeiture of security for convictions under Part III or V; a licence forfeiture triggers automatic disqualification from holding or obtaining a licence for five years (subject to the Court shortening the period); employing a person known to be so disqualified is an offence punishable by a fine up to two thousand shillings.

Section 64. Forfeiture of licence and security on conviction and disqualification oflicensee Section 64(1) If a person issued with a licence under this Act is convicted of an offence under this Act or of an offence involving fraud or dishonesty, the Court by or before which he is convicted may order that his licence shall be forfeited and cancelled; and if that person is convicted of an offence under Part III or Part V the Court may make such further order as to the forfeiture of his security or part thereof furnished to the Board ("the Betting Control and Licensing Board established by;") under section 6 as it deems fit, and the provisions of Part IV of the Criminal Procedure Code ( Cap. 75 ), in so far as they relate to forfeiture of recognizances, shall apply mutatis mutandis : Provided that no security or part thereof shall be applied in settlement of any betting or gaming ("the playing of a game of chance for winnings in money or money ’s worth;") entered into by that person. Section 64(2) A person whose licence is forfeited and cancelled in pursuance of an order under subsection (1) shall, by virtue of that order, be disqualified from holding or obtaining a licence or a further licence for a period of five years beginning with the date of the conviction which gave rise to the order: Provided that, in a case where it appears to the Court making the order to be just in all the circumstances, the Court may include in the order a direction that the period of disqualification shall be such period shorter than five years as the Court may specify. Section 64(3) A bookmaker , promoter of a pool betting scheme ("a scheme involving the receiving or negotiating of bets made by way of pool betting;") or organizer or manager of licensed gaming premises ("premises licensed under this Act as premises to which the public may resort for the purpose of gaming;") , or a servant or agent of his, who employs in his business any person known to him to be disqualified by subsection (2) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.

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§ 65MISCELLANEOUS PROVISIONS - 65.[Repealed by ActNo. 9 of 2000, s. 74.]Repeal

Section 65 has been repealed by Act No. 9 of 2000, s. 74.

Section 65.[Repealed by ActNo. 9 of 2000, s. 74.]

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§ 66MISCELLANEOUS PROVISIONS - 66. Saving in respect of offences connected with advertisements in newspapersOffence

Publishers, proprietors, editors or other newspaper staff are exempt from certain advertising-related offences if they give the police the name and address of the person who caused the advertisement or notice to be published.

Section 66. Saving in respect of offences connected with advertisements in newspapers Section Where an offence is committed under any of sections 21 (2)(f), 25 , 35 (3) and 47(3) in connection with the printing and publication of an advertisement or notice referred to therein, then, notwithstanding the provisions of those sections, no publisher, proprietor or editor or other member of the staff of a newspaper (being a newspaper within the meaning of the Books and Newspapers Act ( Cap. 111 )) shall be guilty of that offence if he furnishes to the police officer investigating the occurrence the name and address of the person who caused the advertisement or notice to be published.

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§ 67MISCELLANEOUS PROVISIONS - 67. Power of court to deal with anything produced to itOffence

The Court that convicts a person may order items produced to it (and shown to relate to the offence) to be forfeited, destroyed, or otherwise dealt with as the Court orders.

Section 67. Power of court to deal with anything produced to it Section The Court by or before which any person is convicted of any offence under this Act may order anything produced to the Court and shown to the satisfaction of the Court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the Court may order.

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§ 68MISCELLANEOUS PROVISIONS - 68. Power of Board and Permanent Secretary to sue for recovery of any moneys dueOffence

The Board and the Permanent Secretary may sue in their own names to recover any fees due to the Board and any penalties due to the Permanent Secretary, and such sums are deemed civil debts due to the Government.

Section 68. Power of Board and Permanent Secretary to sue for recovery of any moneys due Section Any fee due to the Board ("the Betting Control and Licensing Board established by;") , and any penalty in respect thereof, due to the Permanent Secretary shall be deemed to be a civil debt due to the Government, and may be sued for and recovered with costs by and in the name of the Board ("the Betting Control and Licensing Board established by;") or the Permanent Secretary, as the case may be. [Act No. 4 of 1999 , s. 51, Act No. 9 of 2000 , s. 75.]

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§ 69MISCELLANEOUS PROVISIONS - 69. Revenue to be paid into Consolidated FundProvision

Except for the taxes under sections 29A, 44A, 55A and 59B, any other monies received under this Act by or on behalf of the Board by way of fees must be paid into the Consolidated Fund.

Section 69. Revenue to be paid into Consolidated Fund Section Save for the taxes provided for under sections 29A , 44A , 55A and 59B , any other monies received under this Act by or on behalf of the Board by way of fees, shall be paid into Consolidated Fund. [Act No 4 of 1999 , s. 52, Act No. 9 of 2000 , s. 76, Act No. 15 of 2017 , s. 33.]

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§ 69AMISCELLANEOUS PROVISIONS - 69A. Taxes to be paid into fundProvision

The Collector (the Commissioner-General) must pay all proceeds of tax collected under specified sections into the Sports, Arts and Social Development Fund.

Section 69A. Taxes to be paid into fund Section The Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") shall pay all the proceeds of tax ("any charges, fees, levies or impositions imposed under this Act;") paid under sections 29A (2), 44A(2), 55A(2) and 59B(2) into the Sports, Arts and Social Development Fund established under section 24 of the Public Finance Management Act ( Cap. 412A ). [Act No. 10 of 2018 , s. 57.]

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§ 69AAMISCELLANEOUS PROVISIONS - 69AA. Collection of taxesProvision

Taxes specified in sections 29A, 44A, 55A and 59B must be collected in accordance with the Tax Procedures Act.

Section 69AA. Collection of taxes Section The taxes under sections 29A , 44A , 55A and 59B shall be collected in accordance with the provisions of the Tax Procedures Act ( Cap. 469B ) [Act No. 4 of 2023 , s. 75.]

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§ 69BMISCELLANEOUS PROVISIONS - 69B. Late payment penalty and interestOffence

Section 69B imposes a late payment penalty of 5% of the tax and interest at 1% per month on unpaid amounts until the tax is paid; these amounts are payable to the Collector; applicants may apply for remission in writing; where the penalty or interest exceeds 1,500,000 shillings the Collector must seek prior Cabinet Secretary approval and must make quarterly reports on remissions.

Section 69B. Late payment penalty and interest Section 69B(1)(a) to a late payment penalty of five per cent of the tax ("any charges, fees, levies or impositions imposed under this Act;") payable; and Section 69B(1)(b) to a late payment interest at a rate equal to one per cent per month or part of a month on the amount unpaid for the period until the tax ("any charges, fees, levies or impositions imposed under this Act;") is paid in full. Section 69B(2) The late payment interest payable under this section shall be computed as simple interest. Section 69B(3) The late payment penalty or interest shall be payable to the Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") and shall be treated as a tax ("any charges, fees, levies or impositions imposed under this Act;") payable by the person liable for the tax ("any charges, fees, levies or impositions imposed under this Act;") . Section 69B(4) The accrued late payment interest shall not, in aggregate, exceed the principal tax ("any charges, fees, levies or impositions imposed under this Act;") liability. Section 69B(5) A person liable to a late payment penalty or interest may apply in writing to the Collector ("the Commissioner-General appointed under the Kenya Revenue Authority Act ();") for the remission of the penalty or interest payable and such application shall include the reasons for the application. Section 69B(6)(a) consideration of hardship or equity; or Section 69B(6)(b) impossibility or undue difficulty or expense, of recovery of tax ("any charges, fees, levies or impositions imposed under this Act;") : Section 69B(6)(i) where the amount of the penalty or interest exceeds one million five hundred thousand shillings, the collector shall seek prior approval of the Cabinet Secretary responsible for finance; and Section 69B(6)(ii) make quarterly reports to the Cabinet Secretary responsible for finance on the remissions granted.

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§ 70MISCELLANEOUS PROVISIONS - 70. RegulationsProvision

The Board must follow the procedure when exercising any powers conferred on it by this Act.

Section 70. Regulations Section the procedure to be followed by the Board ("the Betting Control and Licensing Board established by;") in exercising any powers conferred upon it by this Act;

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Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Books and Newspapers Act
Section 66

G–M

2 instruments

Kenya Information and Communications Act
Section 59
Local Government Act
Section 57

N–S

3 instruments

Part IV of the Criminal Procedure Code
Section 64
Proceeds of Crime and Anti-Money Laundering Act
Section 29A
Public Finance Management Act
Section 69A

T–Z

2 instruments

Tax Procedures Act
Section 69AA
Terrorism Act
Section 2

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20 Jun 2025 · currentEnglish

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