Gambling is increasingly spreading its roots across Kenya. The country ranks third at 79%, after South Africa (90%) and Uganda (87%), in terms of gambling in Sub-Saharan Africa. 

The gambling industry spans a wide range of activities, including sports betting, lotteries, virtual games, and online casino platforms. The rapid expansion of the sector is largely driven by high mobile phone penetration and widespread internet access, which is currently estimated at 41%. This is expected to surpass 64% by the end of 2025. By 2029, projections suggest that Kenya will have approximately 2 million casino players, nearly 1 million lottery participants, and over 500,000 active sports bettors. 

The economic scale of gambling is significant. According to the Kenya Revenue Authority, excise duty from betting reached Ksh 13.233 billion in the 2024/2025 financial year, surpassing the target of Ksh 11.288 billion. This marked a significant increase from the Ksh 10.598 billion collected the previous year.

While the gambling industry has become a notable source of tax revenue through excise and gaming levies, it is also emerging as a pressing societal concern. Betting is now associated with a host of adverse outcomes, including financial distress, deteriorating mental health, family instability, and engagement in risky behaviours. These concerns are manifesting in everyday life. One of the most glaring examples is the surge in popularity of the online betting game Aviator, which sparked national debate.

On April 16, 2025, during a session of the National Assembly, Gilgil Member of Parliament (MP) Martha Wangari Wanjira raised concerns about the addictive nature of Aviator. She described it as a “dangerous game of chance” that has rapidly permeated every corner of Kenyan society. The MP urged the government to intervene urgently, warning that the game is wreaking havoc on livelihoods and undermining the well-being of individuals and families alike.

The Gambling Control Bill

To regulate the industry, President William Ruto passed the Gambling Control Bill of 2023 into law on August 7, 2025. 

The Gambling Control Bill (National Assembly Bill No. 70 of 2023) was published on 31st October 2023. It was sponsored by the Leader of the Majority Party and Member of Parliament (MP) for Kikuyu Constituency, Kimani Ichung’wah. The Bill was formally introduced in the National Assembly on November 9, 2023, and subsequently passed, with amendments, on December 6, 2023. It was then transmitted to the Senate on January 9, 2024. The Senate considered and passed the Bill, with amendments, on October 9, 2024, before referring it back to the National Assembly for consideration.

The Mediation Committee

On January 16, 2025, the National Assembly rejected the Senate’s amendments. This triggered the formation of a Mediation Committee. 

A difference of opinion between the National Assembly and the Senate regarding certain provisions, including the proposed exemption of gambling entities from income tax and excise duty, led to the formation of the Mediation Committee.  The two Houses also differed on the minimum amount that can be wagered on a single bet in a casino. Upon further deliberation, the KSh 20 amount was retained. 

However, the National Assembly endorsed the Senate’s proposal regarding the prescription as to when an online bet commences and concludes. The Houses also managed to reach a middle ground regarding the mandatory security for online gambling and the national lottery, setting a threshold of KSh 100 million.

The Mediation Committee, appointed by the Speakers of both Houses, reached an agreement on a harmonised version of the Bill on July 1, 2025. This version was then submitted to both Houses for approval.

A Shared Perspective

The National Assembly and the Senate approved the mediated version of the Bill on July 31, 2025, and July 23, 2025, respectively, thereby concluding its bicameral consideration.

The primary objective of the Gambling Control Bill is to establish a comprehensive legal framework for regulating betting in Kenya. It places particular emphasis on promoting safe gambling practices across the sector. 

The Bill seeks to regulate various forms of gambling, including prize competitions, public lotteries, and media promotions. It aims to serve as a significant source of government revenue. Notably, proceeds from the gambling tax, set at 15% of gross gambling revenue, will be directed to the Sports, Arts, and Social Development Fund. These funds are earmarked for supporting national development initiatives in sports, culture, the arts, and social welfare.

The Bill repeals the existing Betting, Lotteries and Gaming Act, Cap. 131. However, it preserves all provisions of the repealed Act that relate to taxation. Specifically, the current tax provisions on betting, lotteries, gaming, and prize competitions will remain in effect until new legislative provisions take their place. This ensures there is no legal vacuum concerning the taxation of gambling activities.

Key Highlights of the Bill

A central feature of the Bill is the establishment of the Gambling Regulatory Authority of Kenya. This body will be responsible for licensing and overseeing gambling operations in the country. It will be managed by a board, which will be tasked with:

• Regulating and controlling gambling activities.
• Issuing licenses for approved gambling operations.
• Monitoring the socio-economic patterns of gambling activities at both national and county levels.
• Advising county governments on regulatory matters related to gambling.
• Collaborating with the Kenya Revenue Authority (KRA) to implement a system for tax compliance monitoring.

The Bill also aims to incorporate measures to mitigate the negative impacts associated with betting. These include public sensitisation campaigns, the provision for individuals to self-exclude from gambling activities, stringent licensing requirements, promotion of responsible gambling practices, restrictions on advertising, and a strict prohibition on gambling by minors.

Furthermore, in recognition of devolution and the shared responsibility between national and county governments, the Bill assigns distinct regulatory functions to each level of government. It proposes a concurrent regulatory approach to ensure that national and county governments play active roles in overseeing gambling activities.

Conclusion

Kenya’s move to regulate gambling through the Gambling Control Bill is consistent with global trends. Countries such as the United Kingdom and South Africa have enacted comprehensive laws to govern the gambling sector. For instance, the UK’s Gambling Act 2005 establishes the Gambling Commission, which is responsible for licensing and regulating both online and offline gambling.

The ink is yet to dry on the Bill. However, all stakeholders need to reflect on how to strike a proper balance between harnessing the economic potential of the betting sector and protecting vulnerable populations.