The new state corporation will operate as a body corporate under the leadership of a Director-General, with perpetual succession and a common seal. Unlike the BCLB, previously a small department under the Office of the President, GRAK will have the capacity to acquire, hold, charge and dispose of both movable and immovable property; borrow funds; enter into contracts; and sue or be sued.
BCLB Chief Executive Officer Peter Mbugi described the now-defunct Board as “toothless”, having operated under an outdated law from 1966. “As a Board, we have been waiting for the enactment of the new law, which was long overdue. The new Act has gone through a rigorous public participation process to ensure the welfare of all,” he said.
During its final years, the BCLB was domiciled in the Executive Office of the President via Executive Order No. 1 of 2023 on the Organisation of the Government of the Republic of Kenya, operating under the Betting, Lotteries and Gaming Act, Cap 131 Laws of Kenya.
The new Act empowers GRAK to regulate and control gambling activities under a clear legal framework, aiming to promote a responsible gambling industry while minimising social harms. It also establishes the Gambling Appeals Tribunal (GAT), an independent body to handle gambling-related disputes and safeguard the welfare of gamblers.
“The Tribunal shall be independent of the Authority, enabling individuals to file complaints without necessarily taking cases to the High Court,” Mr Mbugi noted. Speaking exclusively to The Weekly Vision, Mr Mbugi expressed optimism that the law, first drafted in 2018, would enable GRAK to strike a balance between protecting gamblers and recognising the economic value of the gambling industry. His comments echoed President Ruto’s sentiments during the Bill signing, when the President warned of the growing threat gambling poses, particularly among young people.
“Gambling has taken a worrying trend, especially among our young people, posing a serious threat to our social fabric,” President Ruto said. “We must ensure it does not become a menace to society. My administration is taking a comprehensive approach that balances the costs and benefits of gambling.”
Under the law, the Chairperson of the Gambling Tribunal will be appointed by the President from among persons qualified to serve as High Court judges.
GRAK’s creation also brings expanded powers and greater human resource capacity. The Authority will be free to recruit professional, technical and administrative staff as deemed necessary, with terms determined by the Board of Directors in consultation with the Salaries and Remuneration Commission (SRC).
All current BCLB staff will be automatically absorbed into GRAK but will have the option to either continue with the Authority or transfer to the mainstream civil service within a year. As a body corporate, GRAK will also establish branch offices in all major towns and cities to ensure nationwide service delivery.
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