ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
41. Exemption of small lotteries incidental to certain entertainments
Edition: 2025-06-20 · Repealed
41. Exemption of small lotteries incidental to certain entertainments
(1)A lottery may be promoted and conducted as an incident of an entertainment to which this section applies provided the following conditions are observed in connection with the promotion and conduct of the lottery—(a)the whole proceeds of the entertainment (including the proceeds of the lottery) after deducting—(i)the expenses of entertainment excluding expenses incurred in connection with the lottery; and(ii)the expenses incurred in printing tickets in the lottery; and(iii)such sum, if any, not exceeding one thousand shillings as the promoters of the lottery think fit to appropriate on account of expenses incurred by them in purchasing prizes in the lottery,shall be devoted to purposes other than private gain:Provided that the proceeds of the entertainment (including the proceeds of the lottery) shall not be held to be devoted to purposes of private gain by reason only that their application for purposes other than private gain resulted in benefit to any person as an individual;(b)tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment;(c)the facilities provided for participating in lotteries, or those facilities together with either or both of the following—(i)facilities offered by virtue of section 52 for taking part in gaming;(ii)the opportunity to win prizes at amusements to which section 56,shall not be the only, or the only substantial, inducement to persons to attend the entertainment;(d)the prizes in the lottery shall be in the possession and custody of and at the disposal of the promoters of the lottery;(e)no ticket or chance in the lottery shall be issued or allotted except by way of sale upon the receipt of the full price thereof;(f)the price of each ticket or chance shall be the same, and the price of a ticket shall be stated on the ticket;(g)there shall not be exhibited, published or distributed a written notice or advertisement of the lottery, other than a notice thereof exhibited on the premises on which the entertainment takes place and such announcement or advertisement thereof as is contained in the tickets, if any:Provided that the Board may, on receiving an application in writing, permit the promoters of the lottery to advertise the lottery in any other manner approved by it;(h)none of the prizes in the lottery shall be money prizes; and(i)no ticket or chance shall be sold at a price exceeding ten shillings.(2)If any of the conditions specified in subsection (1) is contravened, every person concerned in the promotion or conduct of the lottery 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:Provided that it shall be a defence for a person charged with an offence under this section to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.(3)The entertainments to which this section applies are bazaars, sales of work, fetes, dinners, dances, sporting or athletic events and other entertainments of a similar character, whether limited to one day or part thereof or extending over two or more days.(4)So much of section 29 as relates to betting in a place other than a street shall not apply to this section.