ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
56. Provision of amusements with prizes at certain non-commercial entertainments
Edition: 2025-06-20 · Repealed
56. Provision of amusements with prizes at certain non-commercial entertainments
(1)A person may provide amusements with prizes at non-commercial entertainments provided that all the following conditions are observed—(a)the whole proceeds of the entertainment (including the proceeds of any amusements to which this section applies) after deducting—(i)the expenses of the entertainment, including expense incurred in connection with any such amusements;(ii)such sum, if any, not exceeding one thousand shillings as the persons providing the amusements think fit to appropriate on account of expenses incurred by them in purchasing prizes in connection with any such amusements,are devoted to purposes other than private gain;(b)the opportunity to win prizes at amusements to which this section applies, or that opportunity together with facilities offered by virtue of section 41 of the manner for participation in a lottery or by virtue of section 52 for taking part in gaming, is not the only, or the only substantial, inducement to persons to attend the entertainment.(2)If any of the conditions specified in subsection (1) is contravened or not complied with, every person concerned in the provision or conduct of that amusement shall, unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it, 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.(3)In this section—(a)in construing subsection (1)(a), the proceeds of the entertainment 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 any equipment for providing the amusements 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 amusements, then the 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;(b)"entertainment" means a bazaar, sale of work, fête, 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.