Kenya’s gambling sector moved to a new operating framework in mid-2026. Five sets of regulations under the Gambling Control Act, 2025 were published in the Kenya Gazette on 29 June 2026 and took effect the same day. For operators still holding licences issued under the repealed Betting, Lotteries and Gaming Act, the practical question is what the new rules require and what the transition provisions say about their existing licences.
From the Act to operational regulations
The Gambling Control Act, 2025 (Act No. 14 of 2025) commenced on 26 August 2025. Section 120 repeals the Betting, Lotteries and Gaming Act (Cap. 131), and section 121 transfers the rights, obligations and assets of the former Betting Control and Licensing Board to the Authority. Section 28(1) provides that a person shall not offer any gambling activity or service unless it is licensed under the Act.
The Act left the detail to regulations. Kenya Law records five instruments as Legal Notices 111 to 115 of 2026: the Licensing Regulations, the Conduct of Gambling Operations Regulations, the Foreign-Based Operators Regulations, the Advertising Regulations and the Gambling Appeals Tribunal Regulations.
The 60-day transition and the conflict with the Act
Regulation 30(1) of the Licensing Regulations provides that a licence issued under the repealed Act and subsisting immediately before commencement continues in force for sixty days from the date of publication of the Regulations. Regulation 30(2) requires the holder to apply for the appropriate licence within that period. Counting from 29 June 2026, the period ended about 28 August 2026.
The Act itself says something different. Section 122(1) provides that licences issued under the repealed Act for casinos and online gambling remain valid for the period of the licence, and section 122(2) requires the holder to apply to the Authority for a new licence on expiry. An operator relying on the longer period in the Act is therefore relying on a provision that the Regulations appear to cut short. An operator holding an older licence should take advice before assuming either date applies to it.
What the licensing regulations require
The Licensing Regulations set out separate licence procedures for casinos and slot machines, bookmakers, totalisators, prize competitions, bingo, pool betting, public lotteries and online gambling. They also cover equipment, gambling software or platforms and key gambling employees. A business that supplies software or platforms to operators therefore needs its own licence under regulation 15.
The Second Schedule sets the fees. For online licences, the application fee is KES 5,000,000 for a bookmaker, lottery or casino. The licence fee is KES 50,000,000 for an online bookmaker, KES 20,000,000 for an online lottery and KES 50,000,000 for an online casino. Land-based fees are lower: a land-based casino or bookmaker pays a KES 5,000,000 licence fee.
The Third Schedule fixes the gambling capital requirement for each activity. It is KES 100,000,000 for a casino, online or land-based, and KES 50,000,000 for a land-based bookmaker, rising to KES 100,000,000 online.
Section 29 of the Act adds two conditions for any licensee. It must be a body corporate with at least thirty per cent of its shares held by Kenyan citizens, and it must hold an account with an authorised financial institution registered in Kenya through which all gambling and lottery money passes.
Real-time monitoring is built into the rules
The Conduct of Gambling Operations Regulations make the clearest operational change. Regulation 41 requires an online gambling system or platform to:
- use robust geo-location technology able to block access from prohibited locations;
- keep a secure, encrypted and tamper-evident audit log;
- give the Authority real-time monitoring of gambling activity through a secure application programming interface; and
- segregate player funds from operational funds.
An online platform must also be capable of seamless integration with the Authority’s central monitoring system and the national gambling register. Under regulation 42, personal and financial player data must be encrypted in transit and at rest, and stored and processed on servers located within Kenya unless the Authority grants a prior written exemption.
On player protection, regulation 67 requires a licensee to exclude any punter who discloses that gambling has harmed their wellbeing. Online platforms must provide a real-time self-exclusion mechanism, and land-based establishments must act immediately on a written request.
Advertising needs prior approval
Regulation 5 of the Advertising Regulations provides that no one may promote a gambling activity on an electronic medium or in any other form of communication without the Authority’s approval. The application is made on Form 1, and it must be filed at least seven days before the advertisement is due to start.
Regulation 9 lists what an advertisement must not do. It must not carry a call to action, depict gambling as a source of investment or income, appeal to minors, use testimonials or include jingles. It also bars broadcasts on television or radio between 6 a.m. and 10 p.m. unless during a live sporting event, and placement on a billboard in close proximity to a learning institution. Under regulation 14, publishing an unapproved or prohibited advertisement carries a fine of up to KES 1,000,000, imprisonment for up to six months, or both. The offence reaches anyone who publishes or causes publication, so agencies are exposed as well as operators.
Foreign-based operators
The position of offshore operators needs care. Under section 79(1) of the Act, a foreign-based operator may be issued an online gambling licence only if it is registered in Kenya, has a registered physical address in Kenya and meets the prescribed requirements, and it must supply audited accounts for the preceding year. Section 79(3) makes it an offence to provide online gambling in Kenya without a licence. A corporate offender faces a fine of up to KES 50,000,000, and a natural person faces a fine of up to KES 2,000,000, imprisonment for up to two years, or both.
The separate Foreign-Based Operators Regulations apply to an operator licensed under section 79(4), which is a foreign operator that does not intend to carry out online gambling in Kenya. That operator must maintain paid-up capital of KES 100,000,000 and provide a security bond or bank guarantee of KES 200,000,000.
Disputing a decision
Under section 32 of the Act, an applicant refused a licence or renewal may appeal within twenty-one days of notification, although the section names “the Committee” rather than the Tribunal, which is a drafting point worth raising with counsel. Section 80 allows a party to an online gambling dispute to appeal to the Gambling Appeals Tribunal. The Tribunal under section 88 has a chairperson qualified to be a High Court judge, two advocates appointed by the Judicial Service Commission and four members appointed by the Cabinet Secretary. Section 90 allows an appeal from the Tribunal to the High Court within fourteen days of its decision.
How We Can Help
At Clay & Associates Advocates, we advise operators, platform providers and marketers on licence applications, transition questions, advertising approvals and appeals. To discuss your position, contact our team.
Sources: Gambling Control Act, 2025, Kenya Law; Gambling Control (Licensing) Regulations, 2026, Kenya Law; Gambling Control (Conduct of Gambling Operations) Regulations, 2026, Kenya Law; Gambling Control (Foreign-Based Operators) Regulations, 2026, Kenya Law; Gambling Control (Advertising) Regulations, 2026, Kenya Law; Gambling Control (Gambling Appeals Tribunal) Regulations, 2026, Kenya Law.
Frequently asked questions
Do I need to apply again if I hold a licence under the old Act?
Yes. Regulation 30 requires holders to apply for the appropriate licence within sixty days of publication, and section 122(2) of the Act requires a new application on expiry of the old licence.
What happens if I operate without a licence?
Section 28(1) prohibits offering unlicensed gambling. For a foreign-based operator providing online gambling without a licence, section 79(3) sets a fine of up to KES 50,000,000 for a company.
Where do I appeal a refusal?
Section 32 gives twenty-one days to appeal, and section 90 allows an appeal from the Tribunal to the High Court within fourteen days.
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This article is general information on Kenyan law as at its publication date, not legal advice. Reading it does not create an advocate and client relationship.
