ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
35. Unauthorized lotteries and offences relating to same
Edition: 2025-06-20 · Repealed
35. Unauthorized lotteries and offences relating to same
(1)A lottery promoted or conducted otherwise than in accordance with this Part shall be deemed to be an unauthorized lottery and unlawful.(2)A person who opens, keeps or uses, or causes or knowingly permits the use of, premises for carrying on an unauthorized lottery shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both.(3)A person who prints or publishes or causes to be printed or published an advertisement or other notice of or relating to an unauthorized lottery or of or relating to the sale of a ticket or chance in any such lottery shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both:Provided that the publication of such an advertisement or notice in a newspaper outside Kenya and normally circulating within Kenya shall not be a contravention of this subsection if the lottery to which the advertisement or notice refers is promoted and conducted outside Kenya.(4)A person who, in connection with an unauthorized lottery promoted or proposed to be promoted either in Kenya or elsewhere—(a)prints a ticket for use in the lottery; or(b)sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, tickets or chances in the lottery; or(c)distributes, or has in his possession for the purpose of distribution—(i)an advertisement of the lottery; or(ii)a list (whether complete or not) of prize winners or winning tickets in the lottery; or(iii)any matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, which is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or(d)brings, or invites any person to send, into Kenya for the purpose of sale or distribution a ticket in, or advertisement of, the lottery; or(e)sends or attempts to send out of Kenya any money or valuable thing received in respect of the sale or distribution, or a document recording the sale or distribution, or the identity of the holder, of a ticket or chance in the lottery; or(f)causes or procures any person to do any of the above-mentioned acts,shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both.(5)In this section, references to printing include references to writing and other modes of representing or reproducing words in a visible form.