ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
52. Gaming at entertainments not held for private gain
Edition: 2025-06-20 · Repealed
52. Gaming at entertainments not held for private gain
(1)Games of chance or of chance and skill combined promoted and conducted as an incident to an entertainment to which this section applies shall be lawful provided all the following conditions are observed—(a)either—(i)the chances in the game are equally favourable to all players; or(ii)the gaming is so conducted that the chances therein are equally favourable to all the players; and(b)not more than one payment (whether by way of entrance fee or stake or otherwise) is made by each player in respect of all games played at the entertainment, and no such payment exceeds five shillings; and(c)not more than one distribution of prizes or awards is made in respect of all games played at the entertainment, and, subject to subsection (2), the total value of all prizes and awards distributed in respect of the games does not exceed four hundred shillings; and(d)the whole of the proceeds of the payments mentioned in paragraph (b), after deducting sums lawfully appropriated on account of expenses or for the provision of prizes or awards in respect of the games, are applied for purposes other than private gain; and(e)the amount of the proceeds appropriated in respect of expenses does not exceed the reasonable cost of the facilities provided for the purposes of the games; and(f)no person under the age of eighteen years is included among the players unless—(i)the gaming takes place 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)Where two or more entertainments are promoted on the same premises by the same persons on any day, the conditions specified in subsection (1) shall apply in relation to those entertainments as if they were a single entertainment.(3)Except as provided by subsection (2), where a series of entertainments is held the conditions specified in subsection (1) shall apply separately to each entertainment in the series, whether or not some or all of the persons taking part in any one of those entertainments are thereby qualified to take part in any other of them; and where each of the persons taking part in the games played at the final entertainment of the series is qualified to do so by reason of having taken part in the games played at another entertainment of that series held on a previous day (being an entertainment to which this section applies) subsection (1)(c) shall apply in relation to that final entertainment as if for the words "four hundred shillings" there were substituted the words "two thousand shillings".(4)If in proceedings under this section evidence is adduced that gaming took place at an entertainment and—(a)that a 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; or(b)that more than one payment was made by any player in respect of the games played at the entertainment or that any payment made by a player exceeded five shillings; or(c)that subsection (1)(f) was contravened,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), (c), (d) and (e) of subsection (1) and, in respect of a contravention of subsection (1)(f), that the person charged neither knew nor had reasonable cause to suspect that any of the players was under the age of eighteen years.(5)If gaming takes place at an entertainment which is by virtue of subsection (1), or is held by virtue of subsection (4) 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 at the entertainment—(a)allowed premises to be used for the purpose of that gaming; or(b)let premises, or otherwise made the premises available to a 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 players shall be deemed to have been concerned in the organization of gaming.(6)A person who is present at gaming such as is mentioned in subsection (5) 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 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 the purpose 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 purpose of proceedings under this subsection, paragraph (b) 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, more than one payment or any payment exceeding five shillings and that he neither knew nor had reasonable cause to suspect that any other person was so required.(7)In this section—(a)"entertainment" means a bazaar, sale of work, fete dinner, dance, sporting or athletic event or other entertainment of a similar character whether limited to one day or part thereof or extending over two or more days; and(b)in construing paragraph (d) of subsection (1), the proceeds of the payments mentioned in that paragraph shall not be held to be applied for 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:Provided that, where a payment falls to be made by way of hiring, maintenance or other charge in respect of equipment for gaming at the entertainment and the amount of that charge falls to be determined wholly or partly by reference to the extent to which that or some other equipment is used for the purpose of the gaming, then that payment shall be held to be an application of the proceeds for purposes of private gain; and accordingly the reference to expenses shall not include a reference to any such charge falling to be so determined.(8)So much of section 55 as relates to gaming in a place other than a street shall not apply to this section.