Betting, Lotteries and Gaming Act

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

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...

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 appoi...

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 esta...

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...

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 expecte...

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...

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 ex...

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 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 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 statem...

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 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 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 o...

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,...

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...

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 u...

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 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...

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 con...

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 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 mat...

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 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 associati...

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 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 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 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 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 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 committin...

Section 30.[Repealed by ActNo. 9 of 2000, s. 67.]

Section 31.[Repealed by ActNo. 9 of 2000, s. 68.]

Section 32.[Repealed by ActNo. 9 of 2000, s. 69.]

Section 33.[Repealed by ActNo. 9 of 2000, s. 70.]

Section 34.[Repealed by ActNo. 9 of 2000, s. 71.]

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 supe...

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 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...

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 th...

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, o...

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 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 distributio...

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 t...

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, whe...

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 premi...

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 th...

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 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 swe...

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 mo...

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,,,...