Kenya
71pts
Regulation 20/30
Taxation 15/20
Product 18/20
Integrity 7/15
Advertising 11/15
Market Summary
Ability to offer a wide betting catalogue and attractive GGR tax are hampered by other tax burdens, expensive licensing, lack of responsible gambling and integrity measures. Market stability issues also present challenges for international operator investment.
Channelisation:
93%
Regulatory framework
Land-based racing and sports betting regulated under the Betting, Lotteries and Gaming Act 1966. Online is regulated by the Betting, Gaming and Lotteries (Online Gaming)
Regulations 2019. A new law (Gaming Bill 2019) covering all gambling awaiting approval in 2021.
Regulations 2019. A new law (Gaming Bill 2019) covering all gambling awaiting approval in 2021.
Licensing numbers & costs
Unlimited licences for land-based or online betting (80+ awarded). Various application
and renewal fees are imposed ranging from Ksh.10k-700k. County governments also
license land-based. Draft Gaming Bill online licensing costs Ksh.100m (€750k) and landbased Ksh.30m (€230k), lasting three years with renewal fees of Ksh.30m and Ksh.5m.
and renewal fees are imposed ranging from Ksh.10k-700k. County governments also
license land-based. Draft Gaming Bill online licensing costs Ksh.100m (€750k) and landbased Ksh.30m (€230k), lasting three years with renewal fees of Ksh.30m and Ksh.5m.
Enforcement & player protection
Betting prohibited for under 18s. Current licensing requires operators to mitigate excessive play and underage participation. However, like the Gaming Act 1966 and Regulations 2019, the Gaming Bill 2019 is short on detailed player protection measures such as self-exclusion. There are AML requirements.
Betting tax & levies
Betting is taxed at 15% GGR (currently and in the Gaming Bill Art. 37). There is also a 20% Withholding Tax (WHT) imposed on players’ winnings and a 1.5% digital services tax on gross income impacting online operators from 2021.
Other taxation
30% corporation tax for resident companies, including subsidiaries of foreign parent companies (otherwise 37.5%). Gambling is exempt from VAT.
Betting channels
Land-based and online racing and sports betting licensed. Betting is also allowed at the one racetrack.
Types of betting
Fixed odds and pool betting are licensed. The current licence application process requires operators to advise the regulator of the proposed sports events and types of bets to be offered, but no restrictions are listed and none are set out in the Gaming Bill. The Bill sets a minimum online bet of Ksh.50 (Art. 60).
Betting integrity
Kenya is not involved in the Council of Europe sports manipulation convention or its network of national platforms. There are no integrity requirements listed in legislation or by the regulator, albeit its policy does involve ensuring that gambling is conducted in a fair and open manner and that it is not a source of crime.
Prosecution
There is no match-fixing law, but the Gaming Bill includes an offence of cheating at betting (Art. 154) with imprisonment for up to two years.
Advertising (incl. bonuses) & sponsorship
The Gaming Bill (Art.158) requires that ads indicate the addictive nature of gambling and dedicate 10% of space to responsible gambling. TV and radio adverts are not permitted between 6am and 10pm, unless during live sport. The Bill imposes a 35% tax on TV and radio adverts. The Advertising Standards Body also includes provisions to protect minors and vulnerable persons. Sponsorship of sport is allowed.
