Kenya Enacts Gambling Control Act, 2023: A New Dawn in Gambling Regulations

On August 7, 2025, the President of the Republic of Kenya signed into law the Gambling Control Act, 2023, ushering in a new legal framework to govern the gambling industry in Kenya. This landmark legislation replaces the long-standing Betting, Lotteries and Gaming Act (Cap. 131), which had remained largely unchanged for decades despite the dynamic and fast-evolving nature of the gambling industry.

Purpose and Scope of the Act
The preamble of the Act outlines its objective as follows:

“An Act of Parliament to provide for the regulation of betting, casinos and other forms of gambling; authorization of prize competitions and public lotteries; for the establishment of the Gambling Regulatory Authority of Kenya; for the imposition of tax on betting and other forms of gambling, and for connected purposes.”

The new law represents a comprehensive overhaul of the gambling regulatory landscape in Kenya, bringing it in line with modern practices and technological realities, particularly the emergence of online gambling and the need for stronger compliance and oversight mechanisms.

Key Features of the Gambling Control Act, 2023

1. Establishment of the Gambling Regulatory Authority of Kenya
   A central innovation in the Act is the creation of the Gambling Regulatory Authority (GRA), which succeeds the Betting Control and Licensing Board (BCLB). The GRA is tasked with overseeing the licensing, regulation, and enforcement of gambling operations in Kenya at both national and county levels.

The Authority will be governed by a Board comprising a Chairperson and between seven to nine members, appointed in accordance with the Act. This structure aims to enhance transparency, governance, and operational efficiency in the sector.

2. Expanded Licensing Categories
   The Act introduces a detailed and expanded licensing regime, with the Authority empowered to issue licences for a wide range of gambling activities, including:

Public gambling (table games and slot machines)
National lottery
Bookmaking
On-course and off-course totalisators
Prize competitions
Bingo
Pool betting schemes
Public lotteries
Online gambling
Manufacture, assembly, sale, distribution, testing, and servicing of gambling equipment
Gambling software/platform provision
Key gambling employees
Media promotions involving prizes across multiple counties
This extensive licensing framework reflects the Act’s comprehensive approach and acknowledges the diverse and sophisticated nature of modern gambling operations.

3. Recognition and Regulation of Online Gambling
   For the first time in Kenya’s legislative history, online gambling is formally recognized and regulated. Operators in the online gambling space such as online casinos, bookmakers, and lotteries—are now required to obtain specific licences and meet stringent compliance obligations.

This is a significant development, as the growth of digital platforms had long outpaced the previous legal framework, leaving online gambling largely unregulated.

4. Enhanced Gambling Security and Capital Requirements
   The Third Schedule of the Act introduces mandatory gambling security requirements, establishing the minimum financial thresholds required for various types of gambling operations:

Type of Gambling Minimum Gambling Security (KES)
Casinos (tables & slot machines) 20,000,000
Online gambling 200,000,000
National lottery 200,000,000
Totalisator 5,000,000
Prize competition 5,000,000
Non-online gambling (bookmakers, casinos, lotteries) 20,000,000
Amusement with prizes 200,000
Online gambling premises or shops 500,000
These measures are intended to ensure financial integrity, enhance player protection, and mitigate the risk of abuse within the sector.

5. Enhanced AML and Data Protection Compliance
   The Act imposes stringent Anti-Money Laundering (AML) and Data Protection obligations on licensees. Gambling operators are now required to implement robust compliance programs aligned with existing AML laws and Kenya’s Data Protection Act, 2019. These obligations include customer due diligence, record-keeping, reporting of suspicious transactions, and safeguarding of customer data.

This marks a critical step toward aligning Kenya’s gambling industry with international standards and reinforcing public trust in regulated gaming activities.

6. Validity and Renewal of Licences
   Licences issued under the Act shall be valid for twelve (12) months from the date of issue, or for such other period as may be prescribed by regulations. Licensees are expected to maintain compliance throughout the validity period and seek timely renewal to avoid regulatory action.

The Way Forward
As the Act comes into effect, all existing and new operators in the gambling sector—whether online or land-based—are now required to align their operations with the new law. Key compliance steps include:

Registration under the new framework
Updating operational procedures to meet gambling security thresholds
Implementation of AML and data protection protocols
Acquisition of new or revised licences as applicable
However, a key pending item remains: the formulation of Rules, Regulations, and Guidelines necessary for effective implementation of the Act. Stakeholders await the operationalization of these subsidiary laws, which will provide further clarity on compliance processes, penalties, and administrative procedures.

Conclusion
The Gambling Control Act, 2023 represents a watershed moment in Kenya’s regulatory approach to gambling. It introduces a forward-looking and robust legal framework that not only modernizes governance but also seeks to ensure greater consumer protection, fair play, and accountability.