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Betting Lotteries And Gaming Act

This Is An Act Of Parliament To Provide For The Control And Licensing Of Betting And Gaming Premises; For The Imposition And Recovery Of A Tax On Betting And Gaming; For The Authorizing Of Public Lotteries; And For Connected Purposes. It Is Under This Act That Permits And Licenses Can Be Issued For Book Makers, Casinos, Lotteries And Prize Competitions. 

This is the Board created under the Betting, Lotteries and Gaming Act, CAP 131 of the Laws of Kenya. Its mandate is the provide for the control and licensing of betting and gaming premises.

  1. Licensing and controlling of Betting and Gaming premises and the activities carried therein.
  2. Authorization and control of Prize competition and lotteries
  3. Facilitating tax collection
  4. Curbing illegal Betting, Lotteries and Gaming
  5. To provide enabling environment for Betting, Lotteries and Gaming
  6. To advocate for Betting, Lotteries and Gaming as a legitimate consumer pursuit
  7. To create awareness and public confidence in Betting, Lotteries and Gaming.

 

  1. A Chairman, not being a public officer, to be appointed by the Minister by notice in the Gazette;
  2. The Permanent Secretary to the Treasury or a person deputed by him in writing in that behalf;
  3. The Permanent Secretary of the Ministry for the time being responsible for the Police or a person deputed by him in writing in that behalf;
  4. The Permanent Secretary 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
  5. Such other persons, not exceeding five in number, as the Minister may, by notice in the Gazette, appoint (Non-representative Appointees).
  1. Chairman: Anthony Kimani Kungú (since 25th January 2016)
  2. Non-Representative Members (since 2nd October, 2015):
    • Victor Prengei Sitienei,
    • Paul Njaga,
    • Peter Kanaiya,
    • Simon Chelugui,
    • Maryanne Kirubi Musangi
  3. Representative appointees

 

  • The appointee must declare whether he has any financial interest in any betting undertaking operation in Kenya.
  • the Chairman and the not more than 5 Non-representative Appointees hold office for a period of three (3) years but can be re-appointed.
  • The Chairman / or person chosen to chair the meeting with three other members of the Board shall form a quorum.
  • Meetings shall be held at least once every three months and on such other times as the Chairman may determine.
  • The Chairman has a deciding/ deliberative/ casting vote (apart from his normal vote).
  • The Chairman submits to the Minister an annual report containing proceedings of the Board which is published.
  • The members, officers and servants of the board cannot be held personally liable for any act or default done in good faith in the course of their duties.
  • The chairman of the Board may, with the approval of the Minister, appoint officers and servants of the Board as he may consider necessary to enable the Board to discharge its duties under this Act.
  • The chairman, members, officers and servants of the Board shall be paid out of moneys provided by Parliament. The salaries, remuneration and allowances, are determined by the Minister.

To issue licenses and permits in accordance with this Act and any regulations made thereunder;

  1. During the subsistence of a license or permit, to vary, or for good cause to suspend or cancel it; but the Board shall not suspend a license or permit for more than fourteen days and shall not vary or cancel a license or permit without giving the licensee or permit-holder opportunity to show cause against the variation or cancellation; and
  2. To inquire into complaints against licensees or permit-holders.

Betting Control and Licensing Board

3rd & 8th Floor, KCS House (Kenya Charity Sweepstake House)
Mama Ngina Street
P. O. Box 43977-00100, Nairobi
Tel: (020)316471 and (020)2220186

Section 5 of Cap 131 provides for the application of licences and permits.

Section 5 provides;

  1. A person who desires to obtain, renew or vary a licence or permit under this Act shall make application to the Board in the form and manner prescribed.
  2. On receipt of an application under subsection (1), the Board 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.
  3. After making investigations and considering any information or declaration as may have been required in terms of subsection (2), the Board may either grant, renew or vary a licence or permit or refuse a licence or permit or renewal or variation thereof without reason given:
    Provided that—
    1. no licence or permit shall be issued under this Act unless and until the Board has satisfied itself that the applicant is a fit and proper person to hold the licence or permit and that the premises, if any, in respect of which the application is made are suitable for the purpose;
    2. no licence shall be issued under this Act unless the Board has sent a copy of the application for the licence to the local authority within whose area of jurisdiction the applicant proposes to conduct his business and has given the local authority reasonable opportunity to object to, or make recommendations with respect to, the application

Following the devolution under the Constitution of Kenya, 2010, certain services previously offered by the National Government were devolved to the County Government. Under the 4th Schedule of the Constitution of Kenya, 2010, among the functions of the County Government is to cater for/ control cultural activities, public entertainment and public amenities including betting, casinos and other forms of gambling. It is in this spirit that the County Governments handle the licensing of Casinos, pool tables, gaming and lottery tickets hand in hand with the BCLB. The BCLB provides the National Policy and Framework which is to be adopted and operationalized by the Counties. In Nairobi County, the License Application Forms can be accessed through the County Government although the application is still addressed to the BCLB in the same form as provided under the Act. In addition, among the requirements for several of the BCLB Permits and Licenses is the approval of the Local Government (under the Old Constitution) which function has now devolved to the respective County Governments.
 

This Bill dated 11th June 2015 was introduced in the National Assembly by Hon. Aden Duale. It seeks to introduce taxes to be paid by gaming operators, operators of lotteries and prize competitions, who are currently not taxed. Each of the taxes will be payable to the Commissioner General of the Kenya Revenue Authority on the 20th day of the month following collection by the licensed bookmaker/ promoter or licensed person. The bill follows a proposal announced in the 2015/2016 National Budget. The taxes to be introduced are:

  1. Section 30 - Betting Tax: 7.5% of the gross betting revenue
  2. Section 44A – Lottery Tax: 5% of the lottery turn over
  3. Section 55A – Gaming Tax: 12% gross gaming revenue
  4. Section 60A – Prize Competition Tax: 15% gross turn over

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