Nairobi county wants gambling offenders fined Sh1m, sent to jail

BUSINESSES or owners of premises used for public gaming face a fine of upto Sh1 million or a five-year imprisonment, if their shops are near a school, religious institution or a residential estate.

This is if a new bill-The Nairobi City County Betting, Lotteries and Gaming Act, 2023, sponsored by Ngara MCA Chege Mwaura is passed into law.

The proposed law seeks to establish the Nairobi City County Betting, Lotteries and Gaming Control Board, which shall be responsible for licensing of all betting, gaming and lottery activities in the county.

In 2021, a similar amendment to the law that sought to restrict gambling to five-star hotel was quashed by the court.

The new bill further highlights specific regulations for gaming and totalisators premises and other forms of gaming within the county.

“Close to 80 per cent of the betting in Kenya is happening in Nairobi that is why we are pushing for more public participation this time round, to make the betting companies be compelled to offer psychosocial support to the societies they operate in,” said Mwaura.

Additionally, its gives the board power to authorise prize competitions and public Lotteries within the county.

The purpose of the bill according to Chege will help regulate betting and gaming activities in informal settlements apart from helping the county create jobs and raise revenue collections.

Gaming machine operators and owners of premises from which they operate are the biggest causalities as the county targets to make the activity an expensive venture.

Part of the bill states that a person who being the owner, occupier or having the temporary use of a premise, establishes, operates, or permits the use of the premise, for public gaming without a licence, commits an offense, and is liable, on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or to both.

According to Mwaura, the National law is overlooking the impact of gaming and mainly setting its focus on taxation.

“What we are pushing is the restriction of access to betting in Nairobi.” Similarly, persons playing in unlicensed premise will be liable on conviction to a fine not exceeding one hundred thousand shillings or will face imprisonment for a term not exceeding six months.

It proposes that those applying or seeking renewal of betting premises license will have to pay Sh10,000 and a grant fee of Sh600,000 with another annual fee of Sh300,000.

Gaming machines shall not be near learning institutions, religious establishments and residential areas as per the bill. To transfer premises for gaming activities, one will have to pay Sh100,000 after consultations with the board and the director.

According to the bill, casinos must be willing to enhance the neighborhood and environment, promote tourism at the premise where it’s located, sustain employment and provide opportunities for women, youth and People With Disabilities.

Application or renewal of casino premises license has been proposed to be Sh 10,000 with a grant fee of Sh1.5 million, an annual fee of Sh 500,000 and Sh 200,000 for transfer or change of premises.

There shall also be a new tax imposed for all entertainment and connected purposes in such premises.