ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
50. Small gaming parties
Edition: 2025-06-20 · Repealed
50. Small gaming parties
(1)Subject to this Act, gaming on premises (not being gaming premises) shall be lawful only if it is conducted in accordance with the following conditions—(a)either—(i)the chances in the game are equally favourable to all the players; or(ii)the gaming is so conducted that the chances therein are equally favourable to all the players; and(b)no money or money’s worth which any of the players puts down as stakes, or pays by way of losses, or exchanges for tokens used in playing the game, is disposed of otherwise than by payment to a player as winnings; and(c)no other payment in money or money’s worth is required for a person to take part in the gaming; and(d)no person under the age of eighteen years is included among the players unless—(i)the gaming takes place in a private dwelling-house or in the presence of a parent or guardian of that person; and(ii)any such person taking part in the gaming does so with the permission, whether general or special, of a parent or guardian of that person.(2)If in proceedings under this section evidence is adduced that gaming took place on premises and—(a)that the game was, or was a variant of or of a similar nature to, a game which is capable of being played in accordance with the ordinary rules thereof in a manner that the chances therein are not equally favourable to all the players, and that ten or more persons were present at the gaming; or(b)that a payment of money or money’s worth was required in order to obtain access to the premises; or(c)that subsection (1)(d) was contravened,then, subject to section 51, it shall be held that the gaming was unlawful gaming unless it is proved that the gaming was conducted in accordance with the conditions set out in paragraphs (a), (b) and (c) of subsection (1) and, in respect of a contravention of subsection (1)(d), that the person charged neither knew nor had reasonable cause to suspect that any of the players was under the age of eighteen years.(3)If on any premises gaming takes place which is by virtue of subsection (1), or is held by virtue of subsection (2) to have been, unlawful gaming, any person concerned in the organization or management of the gaming, and any other person who, knowing or having reasonable cause to suspect that unlawful gaming would take place on those premises—(a)allowed the premises to be used for the purposes of gaming; or(b)let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the gaming has been committed,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; and for the purposes of this subsection a person who took part in procuring the assembly of the players shall be deemed to have been concerned in the organization of the gaming.(4)A person who is present at any gaming such as is mentioned in subsection (3) for the purpose of taking part therein 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; and for the purposes of this subsection proof that a person was present at gaming shall be evidence that he was present for the purpose of taking part therein unless he proves that he was present neither for that purpose nor for purposes of taking part in the management of the gaming, operating any instrument or other thing whatsoever used in connection with the gaming, or making bets with respect to the gaming:Provided that, for the purposes of proceedings under this subsection, paragraph (c) of subsection (1) shall be deemed to be omitted if the person charged proves that he was not required to make, or to undertake to make, a payment such as is mentioned in that paragraph and that he neither knew nor had reasonable cause to suspect any other person was so required.