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Betting, Lotteries and Gaming Act

57. Provision of amusements with prizes at certain commercial entertainments

Edition: 2025-06-20 · Repealed

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57. Provision of amusements with prizes at certain commercial entertainments

(1)A person may, subject to subsections (2) and (3), provide for amusements with prizes—
(a)on premises in respect of which a permit for the provision thereon of those amusements has been granted by a local authority under section 162(f) of the Local Government Act (Cap. 265) and is for the time being in force; and
(b)at a pleasure fair consisting wholly or mainly of amusements provided by travelling showmen which is held on any day of a year on premises not previously used in that year on more than twenty-seven days for the holding of a pleasure fair.
(2)The following conditions shall be observed in connection with amusements provided for under this section—
(a)the amount paid by a person for any one chance to win a prize does not exceed one shilling;
(b)the aggregate amount taken by way of the sale of chances in any one determination of winners, if any, of prizes does not exceed fifty shillings, and the sale of those chances and the declaration of the result take place on the same day and on the premises on which, and during the time when, the amusement is provided;
(c)no money prize is distributed or offered which exceeds one shilling;
(d)the winning of, or the purchase of a chance to win, a prize does not entitle a person, whether or not subject to a further payment by him, to any further opportunity to win money or money’s worth by taking part in any amusement with prizes or in any gaming or lottery; and
(e)in the case of a pleasure fair mentioned in subsection (1)(b), the opportunity to win prizes at amusements to which this subsection applies is not the only, or the only substantial, inducement to persons to attend the fair.
(3)Where an amusement with prizes takes the form of a game played by means of a machine, being a game which is made playable by the insertion into the machine of one or more coins or tokens, then, in addition to the conditions specified in subsection (2), the following conditions shall be observed—
(a)in respect of one playing of the game, a successful player does not receive any article other than one, and one only, of the following, namely—
(i)a money prize not exceeding one shilling;
(ii)a prize other than money of a value not exceeding five shillings;
(iii)one or more tokens of a nominal value exchangeable (so far as not used for further playing of the game) for prizes other than money on the basis of a prize of prizes of a value or aggregate value not exceeding five shillings for a number of tokens equal to the maximum number of tokens which can be won at any one playing of the game; and
(b)a player’s success at the game shall not entitle a person to, or to exchange any prize or token for, a benefit other than those provided for by paragraph (a):
Provided that the condition set out in subsection (2)(d) shall not be contravened by a successful player receiving, in addition to a money prize, the opportunity to play the game again without the insertion of another coin or token and the aggregate amount which can be won by the player without inserting another coin or token does not exceed one shilling.
(4)If any of the conditions specified in subsections (2) and (3) is contravened, every person concerned in the provision or the 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.[Act No. 9 of 1967, Sch.]
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Source: Kenya Law