ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
42. Private lotteries
Edition: 2025-06-20 · Repealed
42. Private lotteries
(1)A private lottery may be promoted and conducted provided the following conditions are observed in connection with the promotion and conduct of the lottery—(a)the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances, or, in the case of a lottery promoted for the members of the society, shall be devoted either to the provision of prizes or to purposes which are purposes of the society, or, as to part to the provision of prizes and, as to the remainder, to purposes of the society;(b)there shall not be exhibited, published or distributed a written notice or advertisement of the lottery other than—(i)a notice thereof exhibited on the premises of the club for whose members it is promoted or, as the case may be, on the premises on which the persons for whom it is promoted work or reside;(ii)such announcement or advertisement thereof as is contained in the tickets, if any;(c)the price of each ticket or chance shall be the same, and the price of a ticket shall be stated on the ticket;(d)every ticket shall bear upon the face of it the names and addresses of each of the promoters of the lottery and a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement;(e)no ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof and no money or valuable thing so received by a promoter shall in any circumstances be returned; and(f)no ticket in the lottery shall be sent through the post.(2)If any of the conditions specified in subsection (1) is contravened, each of the promoters of the lottery, 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:Provided that 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 contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.(3)In this section—(a)"private lottery" means a lottery in Kenya which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either—(i)members of one society established for social or recreational purposes only; or(ii)persons all of whom work on the same premises; or(iii)persons all of whom reside on the same premises, and which is promoted by persons each of whom is a person to whom, under subparagraphs (i), (ii) and (iii), tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorized in writing by the governing body of the society to promote the lottery;(b)"society" includes a club, institution, organization or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.