ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
47. Offences relating to licensed gaming premises
Edition: 2025-06-20 · Repealed
47. Offences relating to licensed gaming premises
(1)If a person issued with a licence under section 46 uses or permits the use of licensed gaming premises for the playing of games not authorized by the Board or a variant of or of a similar nature to a game sanctioned by the Board which is played in a manner that the chances therein are not equally favourable to all the players, or contravenes or fails to comply with any condition imposed by the Board or by any regulations made under this Act, then it shall be held that the gaming was unlawful gaming and the person shall be guilty of an offence under section 45(1):Provided that it shall be a defence for a person charged with an offence under this section only by reason of his being concerned with the conduct of the gaming to prove that the contravention of a condition imposed under section 46(3) occurred without his consent or connivance and that he exercised all due diligence to prevent it.(2)A person who is present at gaming mentioned in subsection (1) for the purpose of taking part therein shall be guilty of an offence under section 45(2), and for the purpose of this subsection proof that a person was present at the gaming shall be evidence that he was present for the purpose of taking part therein unless he proves to the contrary.(3)A person who, in connection with licensed gaming premises, without the approval of the Board—(a)holds himself out by advertisement or notice or public placard as willing to provide members of the public with premises for the playing of a game of chance; or(b)displays a written or printed placard or notice relating to gaming so as to be seen in a public street or place; or(c)prints or publishes, or causes to be printed or published, an advertisement or other notice,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.