The Gambling Contral Bill, 2023 PART VIII—ONLINE GAMBLING 70—Licensing of online gambling. 71—Control of online gambling. 72—Online gambling transaction. 73 —Payment of prizes and remittance of winnings. 74— amount a bet online. Minimum person can 75 — Registration of a player. 76—Player's accounts to be kept. 77—Restriction on credit and inducements, 78—Restriction on dealing with a player's money. 79— Player's account. 80—Inactive account. §1—Financial reporting by a licensee. §2—Restriction on foreign operators. §3— Dispute resolution. PART IX—AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS, CHAIN LETTERS AND GAMBLING MACHINES 84—Provision of amusements with prizes at non- commercial entertainments, 85—Provision of amusements with prize at a commercial entertainment. 86— Amusement machines. 87—Authorization of prize competitions. &8— Authorization of media promotions with prizes, 89—Chain letters. PART X—ADVERTISEMENT OF GAMBLING ACTIVITIES 90— Advertisement of gambling. PART XI—THE GAMBLING APPEALS COMMITTEE 91—The Gambling Appeals Committee. 92—Remuneration of members of the Commitice.
The Gambling Control Bill, 223 a: person may. puiildipee in' PRMEr RANGA Oy tas Authority; "chain letter" means a scheme or an investment promising a high rate of retum made up of money from a gambling operator or licensee luring a player into a bigger risk, "Collector" means. the Commissioner-General appointed under section 11 of the Kenya Revenue Authority Act, 1995, "Committee" means the Gambling Appeals Committee established by section 90; "coupon" in relation to a pool betting scheme or proposed pool betting scheme, includes a document connected designed to assist in the making of a bet by way of pool betting; "Director-General" means the Director-General of the Authority appointed under section 16; "electronic device" means an electrical, digital, magnetic, wireless, optical, or electro-magnetic device used in gambling: "Fund" means the National Lottery Fund established by section 43 of the National Lottery Act, 2023; "gambling" means the playing of a game of chance for prize winning and includes lottery betting, prize competitions, and media promotions with prizes; "gambling equipment" means any software, device, instrument, including a chip, a token, a voucher or any other instrument with a fixed monetary wagering value used instead of money for the purpose of gambling, tokens dice, counter, ticket, gambling table, board, box, bird or an animal used for purposes of or capable of being used for or in connection with gambling and includes— (a) alinked jackpot equipment, (b) an 'electronic monitoring system including any electronic, computer, communications system or device used or adapted to send or receive data from a gambling "equipment in relation to security, accounting, monitoring, evaluation or operation of gambling and gambling equipment; No, 2 of 1995
The Gambling Conmrot! Bill, 2023 (c) any online gambling machine; or (d) part of a replacement or part of any gambling machine equipment or system; "gambling machine" means any device which is electronically or mechanically or both electronically and mechanically that is designed for— (a) placing bets for playing a game of chance which does not require action by a player other than the manipulation of the machine; (b) playing a game of chance which requires no action by a player other than the manipulation of the machine; or (c) the purpose of playing a game of chance or a game of fixed chance and skill which may result in payable winnings, "gambling premises" means premises which are kept used, whether on one or more than one occasion, for gaming, and to which the public has or may have access for the playing therein of a game of chance, whether the game chance be an unlawful game or not, or of "gambling platform"' means a system that offers a full range of services for effecting a gambling activity, "gambling service" means any service that is required to facilitate any component of an activity for gambling and may be provided by an intermediary: "game of chance" includes a game of chance and skill combined but does not include an athletic game or sport, "good cause" means a charitable cause or an event for "pross gambling revenue" means total revenue received from a gambling activity before any deductions are made, "horse race" includes a pony race, "jackpot" means the highest prize resulting from a combination of letters, numbers, symbols or representations displayed or advertised in a game of chance and payable either from a fixed prize schedule or accumulates as contributions are made'to a special prize pool;
1910 The Gambling Control Bill, 2023 "prize" means the prize awarded to a winner of a a promotion, lottery or prize "race meeting" means a gathering of the public or of members of an association of persons to watch an authorized horse race or any other related race; or "record" includes any book, account, document, paper other source of information compiled, recorded, stored in written form or on micro film, or by electronic process, or in any other matter or by any other means, "security" means any deposit provided as under this Act; security "slot machine" means any mechanical, electrical or other device, contrivance or machine that is metered and which is able to record history of play, which, upon insertion of a coin, token or similar object, or upon payment of any consideration, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator in playing a gambling game which is presented for play by the machine or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or anything of value, whether the payoff is made automatically from the machine or in any other manner, "stake" means money or money's worth that a player may risk to make a bet or buy into a gambling game; "testing agent" means a person licensed under this Act to test and calibrate gambling machines, equipment or : devices; "totalisator" means an instrument, a machine, a contrivance, or a scheme for enabling any number of persons to make bets on any event or contingency and includes a device showing the number and amount of bets staked in race; a "ticket" in relation to any lottery or game of chance, includes any written or electronic document evidencing the claim of a person to participate in a lottery or a game of
The Gambling Control Bill, 2023 interfere with the proper performance of the duties of a member of the Board. (2) A person shall not be appointed as a Chairperson or member the Board the of if person— (a) is an undischarged bankrupt; (b) has been convicted of a 'criminal offence and sentenced to imprisonment for a term exceeding six months; (c) at the time of appointment holds a_ political has previously been removed from a public office on account of misconduct or any other lawful reasons; oF in the months immediately preceding the appointment, had personal direct or indirect commercial interest in the sector regulated. under last twelve this Act. 9. (1) The office of the Chairperson or a member of the Board appointed under section 7(1)(a), (e) and (f) shall become vacant if the holder— (a) dies; (b) resigns from office by notice in writing, in case of the Chairperson, to the President and, in case of a member, to the Cabinet Secretary; (c) is convicted of an offence and sentenced to imprisonment for a term exceeding six months; (d) has been absent from three consecutive meetings of the Board without a notice to the Chairperson; or (e) is in accordance with subsection (2). removed (2) A member of the Board may be removed from office for— (a) violation of Constitution other law; the or any (b) gross misconduct, whether in the performance of the functions of the office of a member or otherwise, ee
The Gambling Contre! Bull, 2023 (e) information and data protection in accordance with the Data Protection Act, 2019; (f) online payment protection; (2) creation of secure online gambling environment, No, 24 0f 219, (h) ethical and responsible marketing, (i) safety measures against criminal activities, antimoney laundering and terrorism, and (j) public awareness and education campaigns. (3) A code issued under subsection (1) may include provisions about how facilities for gambling are advertised or marketed. : (4) The Authority may revise or revoke a code. (5) The Authority shall state the date a code, and any revision, shall come into force, (6) The Authority shail publish a code and any: revision in such manner as the Authority may consider likely to bring it to the attention of those whose activities it relates to. (7) The Authority may make different provisions under this section for different cases or circumstances, whether or not by way of separate codes of practice. (8) A failure to comply with a provision of a code. shall not of itself make a person liable to criminal or civil proceedings: Provided that this subsection shall be subject to any provision of this Act making an exception to an offence dependent on compliance with a code. (9) A code issued under subsection (1) shall— (a) be taken into account by the Authority in the exercise of any of its functions under this Act, (b) be admissible in evidence in criminal or civil proceedings; and aes (c). be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
The Gambling Contra? Bill, 2023 necessary order or authorization by the Board under this section shall be presumed to have been duly given. 21, The funds of the Authority shall comprise of — (a) such monies as may be appropriated by the National Assembly for purpases.of the Authority; (b) the gambling levy paid under section 46, tere (c) the moneys paid by the operator of the National Lottery aie ee 42 (1) (c) of the National Lottery Act, 202 such ca ee Authority in the course of the exercise of its powers or the performance of its functions under this Act: (¢) such license fees, charges and penalties as may be prescribed and ee by the Cabinet Secretary in consultation the Cabinet Secretary responsible for' eae Treasury; (f) interest from the investment of monéy standing to the credit of the Authority; and (g) all monies from any other source provided for, donated or lend to the Authority, 22. The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in every year. 23. The annual estimates of the Authority shall be and approved in accordance with the Public prepared Finance Act, 2012. 24.(1) The Authority shall cause to be kept all proper books and records of accounts relating to the income, expenditure, assets and liabilities of the Authority. (2) The accounts of the Authority shall be prepared and audited in accordance with the Public Finance Act, 2012 and Public 2015. Audit Act, 25.1) The Authority shall prepare quarterly and annual financial and non-financial reports in a format prescribed by the Public Sector Accounting Standards Board and submit the same to the National Treasury with Apmiaal esth No, (8 oF 2012 No. 13 of 2012. No, 34 of 2015, Reports ofthe Authority,
The Gambling Control Bill, 2023 copies to the Controller of Budget and the Commission on Revenue Allocation. (2) The Authority shall continuously and on a regular basis monitor and report on its performance and on the performance of all of its licensees on a quarterly basis, with a summary of performance reported through Authority's annual report on the basis of a clear outcome-based performance framework developed by the National 26. No matter, thing or act done by a member of the Board, an officer, employee or agent of the Authority shall if the matter or thing is done in good faith in the course of executing the functions, powers of member of the Board, officer, employee or agent of the Authority shall, if the mater or thing is done in good faith in the course of executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable for any action, claim or demand whatsoever, PART IV—LICENCES AND PERMITS 27. (1) A person shall not offer any gambling activity or service unless the activity is licensed under this Act. (2) The Authority shall issue gambling licences under this Act with respect to— (a) a public gambling for conducting a table game and operating a slot machine, (b) the national lottery; {c) a bookmaking; licensing of on-the course and off-the course totalisators, @ prize competition, a bingo; a pool betting scheme; public lotteries as under section 53 (2); an online gambling: gambling equipment and device manufacture or assembling,
The Control Bill, 2023 Gambling (k) equipment' and device sale or gambling distribution; (1) gambling equipment testing: (m) provision of any gambling software platform; or (n) gambling equipment repair and servicing; (0) key gambling employees; (p) accreditation licence for a person engaged in nongambling activity within a gambling premise; and (q) all media promotions with prizes and prize competitions cutting across several counties; (rt) any of as it other form gambling deems fit. (3) The Cabinet Secretary shall in consultation with the Authority, make regulations for the classification of licenses issued under this Act. (4) In this section, "gambling employee" means a person who is employed or authorized, to make a decision that regulates the operations of a casino, bookmaker, lottery, racecourse or any other form of gambling. 28. (1) A person shall not be licensed to offer any gambling or betting activity under this Act unless that person— (a) is a body corporate in which a minimum of thirty per cent of shares are held by Kenyan citizens, and (b) maintains an account with an authorized financial institution registered in Kenya into which it pays all monies relating to the licensed gambling and lottery activity. 29. (1) An application for a licence shall be made in the prescribed form and, be accompanied by— (a) the application fee prescribed undet the Second : Schedule: (b) sufficient evidence to the applicant is in possession of, or commands the prescribed show that gambling capital; Avpl=stion
1926 The Gambling Control Bill, 2023 (c) security by way of such insurance bond or bank guarantee as security as may be prescribed under the Act or regulations, (d) information from the applicant of the proximity of the intended premise to a learning institution; declarations as provided for in the Third Schedule; such other information as it may consider necessary to enable the Authority to determine application; and the a declaration of the good causes the applicant intends to undertake and the proposed budget devoted to the good causes. (2) The Authority. shall vet all applications for a licence under this Act. (3) The Authority shall, in determining whether an applicant is suitable to hold a licence or permit under this Act, consider— (a) the financial status or solvency of the person, (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; (c) the status of any other licence or approval granted to the applicant by any financial sector regulator, (d) the ability of the applicant to carry on the regulated activity competently, honestly and fairly; and (e) the reputation, character, financial integrity and reliability 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- (4) Without prejudice to the generality of subsection (1), the Authority may, in considering whether an applicant
ie eine Corarer Rh 08. = (a) a written authorization from the applicant permitting the Authority to procure information directly from third parties, (b) a report from relevant investigative agencies and the county government, and (c) any other information as the Authority may consider appropriate. (4) The Authority shall not grant approval for the transfer of a licence where there is reason to believe that the transfer is likely to result in the grant of a licence to a person who is not eligible to hold a licence under this Act. (5) A report under subsection (3) may include the particulars of any conviction recorded against a person to the extent that those particulars are relevant for the purposes of determining whether the proposed licensee is qualified to hold any interest in a licensed premises or the business to which a licence relates 37. (1) The Authority may from time to ime and on its own motion or upon receipt of information from any person, investigate the conduct of a licensee under this Act. (2) The Authority may direct any person who ts investigated pursuant to subsection (1) to take such action as may be necessary to rectify any shortcomings discovered, and may take such other action as may be appropriate where the licensec fails or refuses to comply with directions issued by the Authority. 38. The Authority may issue a duplicate licence to a licensee whose licence is lost, destroyed or mutilated upon application for a duplicate in the prescribed form and payment of the prescribed fees to the Authority. 39. (1) The Authority shall keep and maintain a register of licences in such form as it may determine and in shall record in the register respect of every licence— (a) the name, identity and registration number of a licensee; (b) particulars of the gambling activity to which a licence relates; (c) the county or counties to which a licence relates,
The Control Bill, 2023 Gambling (d) the date expiry the licence; of of (e) particulars of any revocation or suspension of the licence; (f) particulars of any amendment to a licence; and (g) any other particulars that the Authority may consider necessary. (2) The register maintained by the Authority shall be open to the public at reasonable times and upon payment of the prescribed fee 40. (1) The Authority shall require a licensee to deposit an insurance security bond or bank guarantee equivalent to cover the amounts provided in the Fourth Schedule. (2) The insurance security bond or bank guarantee under this section may be used by the Authority defray a licensee's liability, which may arise from the deposited to licensed activity. (3) The Authority shall prescribe applicable insurance security bond or bank guarantee for a gambling activity not provided for under this Act. (4) The insurance security bond or bank deposited under this section may be used by the hao to defray a licensee's liability, which may arise from the licensed activity. (5) The Cabinet Secretary may by notice in the Gazette revise the Fourth Schedule. 41. (1) Each licensee shall provide proof of adequate gambling capital to set up the licensed operations. (2) 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 this Act. 42, (1) The Authority shall prescribe books of accounts to be kept by a licensee. (2) A licensee shall regularly enter or cause to be entered particulars of entries on the books of accounts as. prescribed by the Authority. Security for gambling activity. eee by a licensee.
1934 The Gambling Control Bil, 2023 43. (1) A licensee shall submit to the Authority audited by statement of accounts within three months after the end of a financial year. (2) The accounts of a licensee submitted under this section shall be audited by an auditor approved by the Authority. 44. A licensee shall ensure that their gambling machines— (a) are located in premises in which the respective county government has issued a permit; (b) are sourced from a certified source with international certification standards, (c) have an import certificate issued by the Authority indicating the model and the functions of the machine; and (d) undergo standards verification after every three months, tax 45. (1) There shall be a tax to be known as gambling chargeable at the rate of fifteen per cent of the gross gambling revenue (2) The tax under subsection (1) shall be paid to the Collector on or before the 20th day of the following month. (3) The Collector shall pay all the proceeds of tax paid under subsection (2) into the Sports, Art and Social. Development Fund established under the Public Finance Management Act, 2012, 46, (1) There shall be a monthly levy to be known as gambling levy which shall be paid by a licensee to the Authority. (2) The Cabinet Secretary shall in consultation with the Authority, prescribe the amount of the gambling levy subsection (1). payable under one Provided that the amount prescribed shall not exceed per cent of the monthly gross gambling revenue of a licensee: (3) The monies paid under subsection (1) shall be used by the Authority for the purposes of— ticerse. No. 18 2012 of Gambling levy
The Garbling Control Bill, 2023 (1) The Authority or county government shall, in respect of any public lottery impose such conditions as it may deem necessary to ensure that-a lottery is promoted and conducted efficiently for the purpose for which itis 54, being promoted. (2) In conducting a ont under subsection {1}, a promoter— (a) may deduct operating expenses not exceeding twenty per cent of gross proceeds of the lottery; (b) shall take reasonable measures to ensure that a purchaser of a ticket or a chance in a lottery is protected against fraud: (c) shall guarantee the expected proceeds of lottery or any the -part thereof, (d) shall ensure proper and equitable distribution of of the charitable funds the lottery, (e) shall take reasonable measures to ensure that. a purchaser of a ticket or a chance ina lottery is protected against fraud; and (f) shall take such sek is ne ek oeeeey © ensure that any conditions imposed by the Authority are complied with. the (3) In this section, the term "gross proceeds" means total proceeds received from a lottery prior to any deductions. 55. (1) A county government may issue a licence authorizing promotion of a lottery relating to a horse race, promoted within or outside Kenya, (2) The Authority may, in respect of a lottery to be promoted and conducted in Kenya under this section, issue— (a) an on-the-course permit authorizing the promotion and conduct of a lottery on a course specified, or (b) a licence authorizing the promotion and conduct a of lottery off the course. 56. (1) A lottery may be promoted and conducted on behalf of a society established for— ; county [ly ni ay
The Gambling Contral Bill, 2023 (b) participation in a sport, support of athletics, or cultural activities; or (c) purposes for raising money to be applied for purposes of public good and are not for private gain or purposes of commercial undertaking. (2) The Authority may, upon the issuance of a licence under this section impose such conditions to the manner in which a person issued with a licence may conduct the promotion and conduct of a lottery under this section, including— (a) requiring a promoter to be a member of a society duly authorized to act as such; (b) prohibiting the payment of remuneration to a. promoter or any person engaged by way of business or employed in the promoter's organization in connection with the lottery; capping the prize of a ticket to twenty thousand shillings, a ticket or chance shall be sold for a price of at least twenty shillings, requiring the application of the whole proceeds, upon deduction of sums lawfully appropriated on account of expenses or for the provision of prizes, to purposes of the society, as described in subsection (1); requiring the amount of proceeds appropriated on account of expenses not to exceed fifteen per cent of the whole proceeds, capping the amount of the proceeds appropriated for the provision of prizes not to exceed one half of the whole proceeds; requiring the price of each ticket or a chance to be the same on all the tickets: requiring every ticket, notice of a lottery lawfully exhibited, distributed or published to specify the name of the society sponsoring the lottery, the name address and of the promoter and the date on
1942 The Gambling Conmro! Bill, 2023 (d) requiring that a prize in a lottery is in the custody and disposal of a promoter of a lottery; (e) requiring that a ticket or chance in a lottery is issued or allotted upon the receipt of the full price, (f) directing that the price of a ticket or chance shall be displayed on each ticket, (g) prohibiting money prize in a lottery; and (h) capping the price of a ticket or a chance to not more than fifty shillings, (4) This section shall apply to entertainments including bazaars, sales of work, fetes, dinners, dances, sporting or athletic events limited to one or more days. (5) A person who contravenes any of the conditions set out in subsection (2) commits an offence and, shall upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. $8. (1) The Authority may issue a licence authorizing a person to organize and manage a lottery incidental to a sport or game, (2) A licence shall state the lottery incidental to the game or sport which a licensee may organize and manage. (3) The Authority may, in respect of a licence issued under this section, impose conditions on— (a) the manner in which a person may conduct a sport or game lottery. (b) the hours during which the premises may be open, (c) the suitability, condition and conduct of the premises; (d) the protection of persons taking part in the (e) measures to ensure responsible gambling; and gamble against fraud, (f) payment of admission fees for persons gambling in = the premises.
1944 The Gambling Control Bill, 2023 PART VI—CONTROL AND LICENSING OF BETTING 61. The Authority may, in respect of bookmaking, issue— (a) an on-the-course licence authotizing a person to carry out the business of a bookmaker at any authorized race meeting: (b) an off-the-course licence authorizing a person to carry on the business of a bookmaker at any authorized betting premises; (c) a licence authorizing a person to carry on the business as a bookmaker of both on and off the course race, or (d) an online bookmakers licence. 62. (1) The Authority may issue any of the following licences for each totalisator— (a) an on-the-course licence authorizing a person operate a totalisator on specified a course, (b} an off-the-course licence authorizing a person to operate a totalisator at a specified betting premise; or (c) a licence authorizing a person to operate a totalisator both on and off the course. (2) A licence under this section may be issued in respect of each race day or for a period not exceeding one year. (3) Every transaction effected by means of a totalisator shall be recorded in such manner as may be prescribed by the Authority to ensure that as far as is practicable, the record is in an uninterrupted view of the public. (4) In this section, "race day" means an approved day in which a race held. meeting is 63. (1) The Cabinet Secretary may, in consultation of with Authority, make rules for the operation totalisators. (2) A holder of a totalisator licence shall conduct a totalisator or a betting pool in accordance with totalisator rules issued by the Authority. Poekukers [avn
The Gambling Control Bill, 2023 (3) The aggregate of returns by a holder of a totalisator licence or a person who has made a winning bet on any event, or combination of events, shall not be less than eighty-five per cent of the total amount pooled or such other amount, as may be approved by the Authority, in respect of an event or combination of events, (4) A person who participates in a totalisator's bet shall not— (a) bet upon the result of a horse race or any other race, (b) sell or offer for sale, or purchase from a person a ticket or card entitling a purchaser or a holder thereof to an interest in the result of the working a a of totalisator on horse race or any other race, make a contract or bargain of any kind to pay or to receive money an event determined or to be determined by the result of the working of a totalisator on a horse race or any other race, receive or permit receipt of a betting transaction in respect of a totalisator in respect of a horse race or any other race after the start of the race: register on a totalisator after the start of a horse race or any other race any money received in respect of the race, or (5) The provisions of subsection (4a) and (b) shall not apply to an employee engaged in the lawful operation of a totalisator in a manner approved by the Authority. (take into account in the calculation or payment of a betting transaction which has not been registered on atotalisator. (6) A person who contravenes the provisions of this section commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or fo imprisonment for a term not exceeding one year or to both. 64. (1) The Authority shall issue a promoters licence in respect to a pool betting scheme authorizing a promoter to provide a poo! betting scheme within Kenya
The Gambling Cantrol Bill, 2023 71. (1) A person licensed to carry out an online gambling activity shall conduct the activity under a gambling control system approved by the Authority. (2) The Authority shall not approve a system under subsection (1) unless the licensee provides for— (a) online security of information, (b) safety and security against criminal activities; {c) online payment ecosystem: (d) protection measures against under age gambling, (e) protection measures against vulnerability in gambling, (f) awareness and education; (2) responsible advertising, and (h) data protection measures under the Data Protection Act, 2019. (3) The Authority shall impose the requirement of an approved gambling control system as a condition of the licence granted under subsection (1) which: the licensee shall be required to strictly comply with. (4) The failure by the licensee to comply with the requirements of the approved gambling control system may lead to revocation of the licence and offence. (5) The Authority shall establish a framework to facilitate real time monitoring of casinos and online gambling activities, which shall be accessible for monitoring by the Communications Authority of Kenya and any other relevant government agency (6) In order to facilitate the real time monitoring of gambling, an operator shall be required to provide the Authority with— (a) the platforms for participation which may where its applicable include— (i) all visual and audio communication channels; or (ii) an online website platform; Control of ondtime gambling.
The Gambling Control Bill, 2023° (b) particulars of the charges to be levied by an operator, (c) particulars and the location of servers of the operator's system to show how a player may be registered and deregistered on the system; (d) particulars and the location of all other servers; fe) a valid telecommunication licence; and (f) any other information required by the Authority. (7) In the case of mobile online gambling, lottery or a betting licence, particulars of network connectivity with two links to mobile operators shall be provided to the Authority. (8) An operator shall maintain a customer care centre within Kenya to monitor and respond to issues raised by consumers. 72. An online gambling transaction commences when a player's account is debited with an amount of a bet and concludes when a player's account is credited with .an amount of winnings in the case of a winning bet or when a player loses the game. 73. (1) Where a player in an online gambling transaction wins a monetary prize, a licensee shall within to two days credit the amount the player's account. (2) Where a player wins a non-monetary prize, the licensee shall— (a) ee the prize to the player within seven days; (b) co <a Kenya where collected, SON gy the prize may be (3) If a non-monetary prize is not collected within a period of six 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. (4) The proceeds of sale under subsection (3) may be used to pay for the cost of disposal of the prize, and any remainder be deposited in the Fund. [*
The Gambling Contral Bill, 2023 imprisonment for a term not exceeding two years, or to bath; or (b) in the case of a corporate person be liable to a fine not exceeding fifty million shillings. 83. A party to a dispute arising out of an online gambling activity, may appeal to the Committee for resolution of the dispute within fourteen days from the date of the dispute. PART IX—AMUSEMENTS WITH PRIZES, PRIZE COMPETITIONS, CHAIN LETTERS AND GAMBLING MACHINES 84. (1) A person may provide amusement with prize at non-commercial entertainment where the whole proceeds of the entertainment after deducting the expenses of the entertainment are devoted to purposes other than private gain. (2) The opportunity to win a prize at an amusement to which this section applies shall not be the only inducement toa person to attend the entertainment. (3) A person who breaches the conditions specified in. subsection (1) commits an offence and shall upon conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. 85. (1) A person may, subject to subsections (2) and (3), provide for amusement with a pnze— {a) ona premise which a permit for the provision of an amusement has been granted by a county government under the relevant law; and (b) at a pleasure fair consisting wholly or mainly of an amusement provided by travelling showmen held on any day of the year on the premises not previously used in that year on more than twentyseven days for the holding of a pleasure fair. (2) The following conditions shall be observed in connection with amusements under this section— commercial
The Gambling Control Bill, 2023 the amount paid by a person for any one chance to win a prize shall not exceed five thousand shillings, the aggregate amount issued by way of sale of a chance in a determination of a winner of a prize shall not exceed five million shillings; the sale of chance and declaration of result a a a shall take place on the same day and on the same premise on which the amusement took place; money prize for distribution shall not exceed one million shillings; the winning or the purchase of a chance to win a prize shall not entitle a person to any further opportunity to win money by taking part in any amusement with prize or in any gamble or lottery; and in the case of a pleasure fair wnder subsection (1)(b), the opportunity to win a prize at an amusement to which this subsection applies shall not be the only inducement to a person to attend (3) Where an amusement with a prize takes the form of a game played by use of a machine played by insertion of a coin or a token into a machine, the following conditions shall apply— (a) a-successful recelve— player may (i) a money prize not exceeding one million shillings; (ii) a prize other than money of a value not exceeding five million shillings, or (ili) a token of a nominal value exchangeable for a prize other than money on the basis of a ptize of a value or aggregate value not exceeding five million shillings or for a number of tokens equal to a maximum number of tokens which may be won by any one playing of the game: and (b) a player's success at the game shall not entitle a a person to exchange any prize or token for
The Gambling Control Bill, 2023 benefit other than those provided for under paragraph (a). (4) A person who breaches the conditions specified in this section commits an offence and shall upon conviction be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. 86. (1) A county government may issue an amusement machine licence authorizing the use of an amusement machine in a licensed premise (2) A person who— (a) uses or permits the use of an amusement machine in respect of which a licence has not been issued under subsection (1). or (b) contravenes or allows the contravention of any condition provided for or imposed by the county government, commits an offence and shall be liable on conviction— (i) in the case of an offence under paragraph (a), to a fine not exceeding one million shillings or to impnsonment for a term not exceeding one year or to both, and (ii) in the case of an offence under paragraph (b), to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both. (3) In this section, "amusement machine" means a machine, other than a gambling machine— (a) which is operated by the insertion of a coin or coins or other equivalent into the machine; (b) whereby a successful player neither receives nor is offered any benefit other than— (i) opportunity afforded by the automatic action of the machine to play the game again without insertion of a coin, or (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. "mer! -
1958 The Gambling Contral Bill, 2023 87. (1) The Authority may, issue a licence authorizing the promotion and conduct of prize competitions cutting: across several counties. (2) A county government may, issue a licence authorizing the promotion and conduct of prize competitions confined to a county. (3) A person who promotes or advertises any prize licence issued under this section shall be subject to such 'conditions as may be imposed by the Authority and county governments, 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 the parent or guardian. (4) Any person who promotes or advertises any prize license issued under this section. shall be subject to such conditions as the Authority 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 the parent or guardian. 88. (1) The Authority shall issue a licence authorizing media promotions with prizes. (2) A person who undertakes media promotion, in either electronic or print media with prizes licenced under this section shall be subject to such conditions as may be imposed by the Authority. (3) Media promoters are responsible for all aspects and all stages of their promotions and must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. (4) All marketing communications or other material referring to media promotions for prizes must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead, conditions or information shall include: (a) How to participate, including conditions and costs, skills required of participants to participate, eligibility to participate. and the prevention of bie cgncanthe cpetiic, Aatibormation of media promotions wilh prizes.
The Gambling Control Bill, 2023 (iii) has at least ten years' experience in a relevant sector, (iv) is not a public officer, (v) has not at any time within the preceding five years been an employee of the Gambling Regulatory Authority or the National Lottery Board; {vi) has not been convicted of an offence under any law; (vii) has not been adjudged bankrupt by a court of and competent jurisdiction; (viiiJhas not in the last twelve months immediately preceding the appointment, had personal direct or indirect commercial interest in the sector regulated under this Act, (5) The Chairperson or a member of the Committee shall hold office— (a) in case of the Chairperson, for a term not exceeding three years and shall not be eligible for re-appointment; and (b) in case of a member, for a term not exceeding three years but shall be eligible for reappointment for one further term of three years who shall serve on a part time basis. (6) A person appointed under this Act shall cease to hold office if that person— resigns from by in writing addressed (a) office notice to Cabinet Secretary; (b) becomes a public servant or an employee of the Gambling Regulatory Authority or the National (c) is absent from three consecutive meetings of the Committee without the permission of the Chairperson; (d) adjudged bankrupt by Court of competent is a jurisdiction:
The Gambling Control Bill, 2023 94. (1) The Chairperson shall ensure the orderly expeditious discharge of the mandate of the Committee, (2) Without limiting the generality of subsection (1), Chairperson shall— (a) constitute a panel to hear any matter before the Committee; (b) determine the place at which a panel may sit; and (c) determine the procedure for the conduct of the business of the Committee. (3) A panel constituted for any proceedings shall have at Jeast three members, one of whom shall be an advocate of the High Court. (4) Ata hearing of a matter before the panel— (a) if the chairperson is a member of the panel as constituted, the Chairperson shall preside, or (b) in any other case, the Chairperson shall designate one of the members of the panel who being an advocate of the High Court to preside over the proceedings. (5) Where a member of the panel ceases to be such a member, or is not avatlable for the proceedings, the Chairperson of the Committee shall assign another member to the panel and the proceedings shall continue. PART XI] — OFFENCES AND PENALTIES 95. A person, owner or occupier of a licensed gambling premises or electronic site who— (a) allows such premise to be used for unlicensed gambling activities, (b) unlicensed betting activities; (c) announces, publishes, cause to be announced, cause to be published, either orally or by means of any print, writing, design, sign, or otherwise or solicit any persén to bet in an unlicensed gambling activity or site;
1966: The Gambling Comma! Bill 2023 (d) advances, furnishes, or receives money for the purpose of establishing or conducting unlicensed gambling activity; or (e) opens, keeps, uses, causes or permits the use of a premise for carrying on an unauthorized lottery... commits an offence and shall be liable upon conviction toa fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or both. 96. A person who makes a false statement or declaration in an application for issuance or renewal of a licence or permit, commits' an offence and 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. 97. A person who transfers a licence without the approval of the Authority or a county government commits an offence and 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. 98. 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 and shall be liable a conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year. 99. A licensee who refuses or fails to submit a statement of accounts when required by the Authority, the Tespective county government or the Collector or submits a false or misleading statement of accounts commits an offence and shall, upon conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. 100. A person who fails to pay a levy or any fees prescribed under this 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 prescnibed by the Cabinet Secretary in Regulations. 101. A person who operates or conducts any form of gambling without a valid licence commits an offence and shall be liable upon conviction— the Opsttins
The Gambling Contral Bill, 2023 or acting in, the control or management of the affairs, or activities of such body corporate, commits that offence and shall be liable to be punished accordingly unless it is proved by such person that the offence was not committed through no act or omission, on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its Commission. 118. (1) A person who has recognized that their gambling is harmful to himself or herself, or giving rise to difficulties in limiting the money or time or both, spent on gambling, leading to adverse consequences for that person, others, or for the community, may voluntarily enter a selfexclusion agreement between himself or herself and a licensee to be excluded from all gambling establishments and all controlled games, including online gambling or any other gambling activities or privileges. (2) The holder of a licence issued under this Act shall— (a) establish mechanisms to give effect to selfexclusion and take all reasonable steps to refuse service or to.a person who enters a self-exclusion agreement from participating in gambling, as soon as practicable, take all reasonable steps to prevent any marketing material from being availed to a self-excluded customer; take steps to remove the name, contact information and other details of a self-excluded person from any marketing databases used by the licensee within two days. of receiving the completed self-exclusion notification, (d) close any customer accounts of an individual who has entered a self-exclusion agreement and return any funds held in the customer account, (e} put into effect procedures designed to ensure that an individual who has self-excluded shall not gain access to gambling services. (3) An operator who fails to implement a selfexclusion request within seven days of receipt of a written —
The Gambling ¢ Contral BHT 2 Bul. 323 MEMORANDUM OF OBJECTS AND REASONS The principal object of this Bill is to repeal and replace the Betting, Lotteries and Gaming Act (Cap, 131) provide for a legislative framework for the regulation of gambling in Kenya and also incorporate safe gambling principles in the gambling sector. The Bill seeks to regulate betting, casinos and other forms of gambling including the authorization of prize competitions, public lotteries, media promotions. The following are the salient features of the Bill. PART 1 contains the preliminary provisions. PART I (Clauses 4-5) contains provision on the functions of the National Government and county governments in the regulation of gambling activities. Part III (Clauses 6-26) contains provisions on establishment of the Gambling Regulatory Authorily as a body corporate. the composition of the Board, functions and powers of the Board, the conduct of business and affairs and remuneration of the Board, Clauses 16-18 provide for the appointment of the Chief Executive Officer, Corporation Secretary and other staff of the Board. Clauses 21-24 contain the financial provision of the Board, Clause 25 provides for preparation and submission of quarterly and annual financial and non-financial reports to the national Treasury and its performance and the performance of the operator. Part TV (Clauses 27-52) contains provisions on issuance of licences and permits for gambling activities, application for licence and permits, license fees, application for gambling permits, permits fee, submission of security, security for casinos and online gambling, gambling capital. Clauses 45-46) provide for the Gambling tax payable and gambling levy to facilitate research on the impact of gambling, establishment of treatment and rehabilitation programmes for addiction disorders. Part V (Clauses 53-60) provides for authorization of public lotteries for charitable purposes, the powers of the Authority in respect of public lotieries, authorization of lotteries relating to horse racing, exemption of certain types of lotteries conducted for charitable, sporting or other purposes, exemption of licence on lotteries for charitable, sporting or other specified purposes and regulation of private lotteries, Part VI (Clause 61-66) provides for the issuance of permits for betting premises, issuance of bookmakers licence, tolalisator licence and, laying of totalisator, betting pools and ee ee licence in respect of betting schemes and authorization of bookmaking at a race mecting and the control of betting machines.
1988 The Gambling Control Bill, 2023 Part VII (Clauses 67-69) provides for the licensing of casinos, the prescription of the maximum number of casinos, and the power of the Authority to inspect casinos and to ensure compliance by the presence of its officers in casinos. Part VIM (Clauses 70-83) provides for licensing of online gambling, conditions for grant of a licence, control of online gambling activities, conformity of online gambling systems to standards and conditions set by the Authority, online gambling transactions, payment of prizes and remittance of profits and winnings, Clause 74 provide for the minimum amount a person can bet online, registration of players, players accounts to be kept, dealing with players monies restricted, handling of players monies, players monies to be kept in separate accounts, financial reporting by a licensee and the requirements to be met foreign operators for the issuance of a licence. Part IX (Clauses 84-89) provides for the authorisation of amusements with prizes, amusement machines, prize competitions, media promotions with prizes and chain letters, Part X provides for the manner in which advertisements of gambling activities should be carried out. PART XI (Clauses 91-94) provides for establishment and jurisdiction of the Gambling Appeals Committee, the composition of the Committee and qualifications for appointment to the Committee, appeals from the decisions of the Committee and the conduct of business and the affairs of the Committee. Part XII (Clause 95-114) provides for offences and penalties. Part XIII (Clauses 115-126) contains provisions on miscellaneous provisions including the appointment of inspectors, power to enter and inspect premises, self-exclusion mechanisms, forfeiture of licence or security, power to seize machines, transitional provisions and consequential amendments. First Schedule sets the Provisions for the meetings and procedure of the Board. Second Schedule prescribes the licensing fee for the various types of gambling activities. Third Schedule provides for declarations to be made by an applicant of a Gambling licence.