Read the International Legal Comparative Guide on Gambling Laws, 2022 edition now available at iclg.com/practice-areas/gambling-laws-and-regulations/kenya. Authored by Managing Partner John Ohaga and Associate Michelle Koske, The Kenyan chapter addresses in detail the governing laws over the industry, licencing procedures and limitations, promotional guidelines and tax obligations on the companies.

The article gives a breakdown of the different types of Relevant Products in gambling like gaming, betting, lotteries and social arrangements and the relevant authorities that regulate them. Here the article goes further to introduce the Betting Control and Licensing Board (BCLB) and its role in regulating the Relevant Products in both the digital form and the land-based form. 

The publication also breaks down the laws and regulations applicable in gambling in the Kenyan jurisdiction. A distinction is made between the National Government and the County Government functions because of delineated functions introduced by the Intergovernmental Relations Act. In its regulations analysis, it further discusses persons that are prohibited from engaging in gambling. This helps the reader to distinguish who conducts security checks, ensures compliance, and conducts due diligence and vetting. 

One of the key issues that the article discusses at length is the process of obtaining a gambling licence.  In detail, the procedure applicable is explained, from what documents you require to present, the relevant authorities that you need to obtain licenses from to the restrictions that one might encounter when applying for a licence. Further, it addresses the duration of all the licenses required and the procedure of renewal, review, and what might lead to the suspension of the licences.  

Taxation in gambling is one of the things that potential stakeholders in the gambling industry must take into consideration. This publication outlines the tax obligations in gambling for either resident companies or foreign companies. These taxes include Corporate Tax, Withholding Tax, Value Added Tax, and Income Tax.  

The article goes further to address online/ digital gambling and the regulations for operators located within and outside Kenya. It also gives an analysis of the restrictions imposed on online gambling and the applicable laws such as Data Protection Act 2019, the Competition Act and the Consumers Protection Act.  

The Gaming Bill is an anticipated legal reform in the gambling industry in Kenya that will establish the National Gaming Authority which will regulate and licence gaming activities. The bill seeks to make an array of reforms in the gambling sector and provide a comprehensive legal regulation to all sectors of gambling in Kenya.  

This gambling laws publication is highly useful for stakeholders in the gambling industry such as betting companies, marketing and advertising agencies and companies that run online competitions and government bodies that are involved in giveaways that will necessitate cooperation with the Betting Control and Licensing board. 

Read the full publication at https://iclg.com/practice-areas/gambling-laws-and-regulations/kenya or download the free version below.