ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
37. Powers of Board with respect to public lotteries
Edition: 2025-06-20 · Repealed
37. Powers of Board with respect to public lotteries
(1)The Board may in respect of any authorization granted under section 36—(a)impose such conditions as it may deem necessary in order to ensure that the lottery concerned is promoted and conducted as efficiently as possible in the interests of the purpose for which it is being promoted and of the public in general;(b)take such steps as it may deem necessary in order to ensure that any conditions imposed under paragraph (a) have been or are being complied with; and(c)guide and co-ordinate the proper and equitable distribution of the charitable funds of a lottery authorized by it.(2)Without prejudice to the generality of subsection (1)(a), the Board may, in respect of a lottery authorized by it, impose conditions under that paragraph—(b)providing for the protection of purchasers of tickets or chances in the lottery against fraud;(c)restricting the amount of the proceeds of the lottery which may be used for the purposes of the lottery outside Kenya, which amount shall not exceed twenty per centum of the total amount devoted to the object for which the lottery is promoted;(d)relating to the provision by the promoters of the lottery of guarantors to cover the expected proceeds, or any part thereof, of the lottery.(4)If any condition imposed under this section is contravened, each of the promoters of the lottery concerned, and where the person by whom the condition is broken is not one of the promoters that person also, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both; but it shall be a defence for a person charged with an offence under this section only by reason of his being a promoter of the lottery to prove that the offence occurred without his consent or connivance and that he exercised all due diligence to prevent it.