OVERVIEW OF THE GAMBLING CONTROL ACT,2025: KENYA
The Gambling Control Act, 2025 came into force on 20th August 2025 after it was assented on 7th August 2025. This new Act provides for the regulation of betting, casinos and other forms of gambling in Kenya, authorization of prize competitions and public lotteries as well as establishes the Gambling Regulatory Authority of Kenya to succeed the Betting Control and Licensing Board. Among other new changes brought by this new law, the Act repealed the Betting, Lotteries and Gaming Act (Cap. 131), amended some sections of the Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) and the Kenya Revenue Authority Act (Cap 469). Below is an overview of this new Act:
Objects and purpose of the Act
The objects and purpose of the Act is to:
- provide a framework for regulation and control of gambling activities in Kenya.
- authorize some gambling activities and prohibit the rest as unlawful gambling.
- promote the development of a responsible gambling industry in Kenya.
- minimize social harm associated with gambling.
- ensure integrity and fairness in licensed gambling activities. And
- provide for the establishment of mechanisms for resolution of disputes relating to gambling.
Establishment of the Gambling Regulatory Authority
The Act, establishes the Gambling Regulatory Authority to succeed the Betting Control and Licensing Board. The Authority is responsible for:
- developing standards and norms for betting, lotteries, casinos and other forms of gambling;
- regulating and controlling gambling activities;
- issuing licences for gambling activities;
- developing policies for placing of bet for betting, lotteries and gambling that include a savings component for social health insurance or social retirement benefit;
- monitoring the implementation of gambling policies at the national and county level;
- establishing and maintaining a register of all gambling machines and devices, and other relevant data on licensed gambling activities;
- conducting security checks, vetting and due diligence in respect of gambling activities, licensees, their shareholders, directors, beneficial owners and staff;
- establishing an electronic central real time gambling monitoring system to monitor compliance with regulatory requirements;
- monitor and alleviate illegal cross border gambling activities; and
- receive and make determination on complaints from companies and the public on matters pertaining to games of chance among other functions.
Licensed gambling activities
The Act provides that the Authority shall issue gambling licences with respect to:
- a public gambling for conducting a table game and operating a slot machine;
- the national lottery;
- a bookmaking;
- licensing of on-the course and off-the course totalisators;
- a prize competition;
- a bingo;
- a pool betting scheme;
- public lotteries;
- an online gambling;
- gambling equipment and device manufacture or assembling;
- gambling equipment and device sale or distribution;
- gambling equipment testing;
- provision of any gambling software or platform;
- gambling equipment repair and servicing;
- key gambling employees;
- all media promotions with prizes and prize competitions cutting across several counties; and
- any other form of gambling as may be prescribed in regulations.
Requirements for licensing
The Act provides that a person shall not be licensed to offer any gambling or betting activity in Kenya unless the person:
- is a body corporate in which a minimum of 30% of shares are held by Kenyan citizens; and
- maintains an account with an authorized financial institution registered in Kenya into which it pays all monies relating to the licensed gambling and lottery activity.
Application for a licence
The Act provides that an application for a licence shall be made in the prescribed form and shall be accompanied by:
- the application fee;
- sufficient evidence to show that the applicant is in possession of, or commands the prescribed gambling capital;
- security by way of such insurance bond or bank guarantee;
- information from the applicant of the proximity of the intended premise to a learning institution;
- Declarations including a declaration of the good causes the applicant intends to undertake and the proposed budget devoted to the good causes.
Note: The Authority may refuse to grant or renew a licence if it is satisfied that the information contained in the application is false or untrue in any material particulars or the application does not meet any of the requirements for the issuance or renewal of a licence.
Revocation/Suspension of Licence
The Authority may revoke a licence issued by it where the holder is in breach of any of the provisions of the Act.
The Authority may suspend a Licence if the holder contravenes the provisions of the Act upon giving notice and giving the licensee an opportunity to be heard.
Duration of a licence
The duration of every licence issued under the Act shall vary for each gambling and betting activity. However, a gambling licence shall be valid for a period of 36 months from the date of issue or for such other period as may be prescribed in regulations.
Display of a licence
A licensee shall display the licence issued under the Act at a place that is visible to the public during the period of validity of the licence.
Where the licence allows for the establishment of a branch, a copy of the licence shall be displayed at the branch at a place that is prominently visible to the public during the period of validity of the licence.
A holder of an online gambling license shall display the license issued under this Act in their online platform.
Gambling security
The Authority shall require a licensee to deposit an insurance security bond or bank guarantee equivalent to:
| Type of Gambling | Amount in (Ksh) |
| Casinos including public Gambling for conducting tables and slots machines. | 20,000,000.00 |
| Online Gambling | 100,000,000.00 |
| National Lottery | 100,000,000.00 |
| Totalisator | 5,000,000.00 |
| Prize competition | 5,000,000.00 |
| Non-online Gambling including non-online bookmakers, non-online casinos, non-online lotteries. | 20,000,000.00 |
| Amusement with prizes | 200,000.00 |
| A premise or a shop operating under a licence of online Gambling including online bookmaker, online casino and online lottery. | 500,000.00 |
Gambling capital
On Gambling capital, the Act provides that each licensee shall provide proof of adequate gambling capital to set up the licensed operations and the Authority shall, in consultation with the Cabinet Secretary, determine and publish by notice in the Gazette the amount of capital for each gambling activity regulated under the Act.
Control of gambling machines
The Act further provides that a licensee shall ensure that their gambling machines:
- are located in premises in which the respective county government has issued a permit;
- are sourced from a certified source with international certification standards;
- have an import certificate issued by the Authority indicating the model and the functions of the machine; and
- undergo standards verification after every three months.
County permit/trade licence
A holder of a gambling licence issued by the Authority shall also apply for a trade permit from the respective county government for a premise within which the person intends to carry out the licensed gambling activity.
Every permit issued by the county government shall be valid for a period of twelve months from the date of issue unless a different duration has been prescribed under the Act.
Payment of prizes and remittance of winning
- Where a player in an online gambling transaction wins a monetary prize, a licensee shall within 2 days credit the amount to the player’s account.
- Where a player wins a non-monetary prize, the licensee shall deliver the prize to the player within 7 days; or notify the player in writing of an address within Kenya where the prize may be collected.
- If a non-monetary prize is not collected within a period of 6 months after the winner has been notified of the place where the prize may be collected, a licensee may dispose of the prize by public auction, or in a manner approved by the Authority. The proceeds of sale here under may be used to pay for the cost of disposal of the prize, and any remainder be deposited in the Fund.
- Any claim against a licensee for uncollected prize shall lapse after 6 months from the date of declaration of the winnings.
- An operator shall require proof of age of majority prior to the remittance of the prize to the registered player.
Minimum amount a person can bet online
A player in an online gambling activity shall not bet an amount of less than twenty (20) shillings in a competition.
Restriction on dealing with a player’s money
The Act provides that a licensee shall not deal with any amount standing to the credit of a player’s account except:
- to debit to the account a wager made by a player or an amount as directed by a player for purposes of a wager;
- to remit funds standing to the credit of an account of a player at the player’s request; or
- to pay bank charges for deposits received and funds withdrawn.
Inactive account
Where a transaction has not been recorded on a player’s account for three months, a licensee shall remit the balance in the account to a player.
Where the whereabouts of a player remain unknown for a period of five (5) years, the monies standing to the credit of the player’s account shall be presumed abandoned and the licensee shall remit such monies to the Unclaimed Financial Assets Authority.
Financial reporting by a licensee
A licensee shall at the end of each financial year submit audited financial reports to the Authority.
Restriction on foreign operators
A gambling operator based in a foreign country shall only be issued with an online gambling licence where the operator:
- is registered in Kenya;
- has a physical address registered in Kenya; and
- meets the requirements prescribed by the Authority in regulations.
Dispute resolution
A party to a dispute arising out of an online gambling activity, may appeal to the Gambling Appeals Tribunal for resolution of the dispute within fourteen (14) days from the date of the dispute.
A person aggrieved by a decision of the Tribunal may appeal to the High Court within fourteen days from the date of the decision of the Tribunal.
Advertisement of gambling
A person shall not, without the approval of the Authority, promote the advertisement of a gambling activity on electronic medium or any other form of communication.
An approved gambling advertisement shall:
- indicate the addictive nature of gambling;
- notify players to play responsibly;
- prohibit children from playing;
- not use false, misleading or deceptive message likely to create an erroneous positive impression of gambling;
- not be featured or broadcasted on television or radio between six o’clock in the morning and ten o’clock in the evening unless during a live sporting event;
- not be erected on an advertisement billboard of close proximity to a learning institution; and
- dedicate twenty per cent of aired advertisement towards promotion of responsible gambling
Offences and Penalties
| Offence | Penalty |
| A person, owner or occupier of a licensed gambling premises or electronic site who allows such premise to be used for unlicensed gambling activities commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both |
| A person who makes a false statement or declaration in an application for issuance or renewal of a licence or permit, commits an offence | Shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. |
| A person who transfers a licence without the approval of the Authority or a county government commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. |
| A licensee who fails to keep any book, record or account required to be kept under this Act, or keeps false records or information, or who makes or causes to be made any book entry which is false, commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. |
| A person who fails to pay a levy or any fees prescribed under the Act | shall be liable to pay to the Authority and County Government all outstanding amounts of levies or fees together with interest that will accrue at the rate prescribed by the Cabinet Secretary in Regulations. |
| A person who operates or conducts any form of gambling without a valid licence commits an offence | shall be liable upon conviction: (a) for a first offence, to a fine not exceeding three million shillings or to imprisonment for a term not exceeding three years or to both; and (b) for a second or subsequent offence to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years or to both. |
| A person who prints, publishes, or causes to be printed or published an advertisement or any notice relating to an unauthorized lottery, or relating to the sale of a ticket or chance in any such lottery commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding one year or to both. |
| A person who permits a bookmaker to carry on business at a race meeting outside the scope of the conditions of permit issued commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both |
| A person who touts or solicits the members of the public with a bookmaker outside a licensed betting premises or at an authorized race meeting, commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. |
| A person who bets with a child or employs a child in a licensed betting premises or in connection with a pool betting scheme or in the effecting of any betting receives or negotiates a bet through a child; or sends to a child any information, notice, advertisement, letter, or other document relating to betting, commits an offence | shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both |
| A person who while playing with an instrument of gambling or in taking 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 gamble, sport, pastime or exercise through unlawful means wins from another person or on behalf of another person, a sum of money or valuable thing commits, an offence | shall be liable upon conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years, or to both |
Transition of licences and permits
All gambling activities including casinos and online gambling whose licences were issued under the repealed Act (Betting, Lotteries and Gaming Act) remain valid for the period of the licence.
A person licensed under the repealed Act (Betting, Lotteries and Gaming Act) shall, upon expiry of the licence issued under the repealed Act, apply to the Authority for a new licence.
At A.O. Wanga Advocates we are happy to assist you in advisory and compliance with the Gambling Control Act and the Regulations thereunder.
Feel free to contact us on info@aowangaadvocates.com or +254794600191
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