The Gambling Control Bill of 2023 seeks to establish a Gambling Regulatory Authority of Kenya, which would replace the Betting Control and Licensing Board. The authority would:
- Develop standards for betting, lotteries, casinos, and other forms of gambling.
- Regulate and monitor gambling activities at national and county levels.
- Maintain a register of all gambling machines and devices.
- Report quarterly on performance, with an annual summary provided through a clear outcome-based framework.
The National Assembly has rejected Senate amendments to the Gambling Control Bill, citing constitutional inconsistencies, duplication of roles, and overlap with recently enacted tax laws. During deliberations on a report by the Committee on Sports and Culture on Thursday, lawmakers raised concerns about the amendments’ legality and practicality.
National Assembly Leader of Majority Kimani Ichung’wah (Kikuyu) noted that some Senate amendments were already addressed under the Tax Laws (Amendment) Act, 2024. “The amendments seek to legislate on matters already addressed by the Tax Laws (Amendment) Act, 2024,” said Ichung’wah.
Committee member Caroli Omondi highlighted several inconsistencies in the Senate amendments, noting that certain proposals conflicted with the Constitution and existing statutes. “We identified clauses in the Senate amendments that contravene constitutional principles and existing legislation. As a Member of the Committee on Sports, I support the Committee’s recommendation that this House reject the Senate amendments,” Omondi stated.
The Senate amendments sought to empower counties to license and regulate various gambling activities, including betting, lotteries, and amusement machines. Lawmakers argued that such provisions risked undermining national oversight and duplicating existing structures.
The introduction of taxes, such as a 15% lottery tax and a 15% gaming tax, was deemed unnecessary by lawmakers since similar provisions are already covered under the Tax Laws (Amendment) Act, 2024. The Act had already established that the excise duty on betting would be 12.5% of the amount wagered or staked.
The Gambling Control Bill, of 2023 seeks to establish a Gambling Regulatory Authority of Kenya, which would replace the Betting Control and Licensing Board. This authority would:
- Develop standards for betting, lotteries, casinos, and other forms of gambling
- Regulate and monitor gambling activities at national and county levels
- Maintain a register of all gambling machines and devices
- Report quarterly on performance, with an annual summary provided through a clear outcome-based framework
Clause 69 proposed redefining online gambling transactions, while Clause 87 suggested penalties for violations, including fines and imprisonment terms. These clauses were dismissed for lacking coherence with the original Bill’s objectives.
Clause 74 (1) explicitly prohibits licensees from providing credit to players or acting as agents for credit providers, with breaches attracting fines of up to Sh5 million or imprisonment for up to five years.
Changes proposing reduced operating thresholds and delegating certain functions to county governments were also dismissed. Lawmakers expressed concerns about the Senate encroaching on the National Assembly’s mandates.
“While the Senate has a crucial oversight role, it is vital to respect constitutional boundaries. Duplication of roles only serves to slow progress,” said Ichung’wah.
The Gambling Control Bill aims to regulate Kenya’s betting and gambling industry, ensuring tax compliance, protecting citizens from exploitative practices, and bringing order to the sector. “This legislation is designed to bring order to the sector,” reiterated Omondi.
