ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
5A. Fit and proper criteria for casinos
Edition: 2025-06-20 · Repealed
5A. Fit and proper criteria for casinos
(1)The Board shall, in determining whether an applicant is suitable to hold a licence or permit under this Act, consider—(a)the financial status or solvency of the person;(b)the educational or other qualifications or experience of the applicant having regard to the nature of the functions which, if the application is granted, the person shall perform;(c)the status of any other licence or approval granted to the applicant by any financial sector regulator;(d)the ability of the applicant to carry on the regulated activity competently, honestly and fairly; and(e)the reputation, character, financial integrity and reliability—(i)in the case of a natural person, of that person; or(ii)in the case of a company, of the company, its chairperson, directors, chief executive, management and all other personnel, including all duly appointed agents, and any substantial shareholder of the company, if the chairperson, director, chief executive, management or the personnel are shareholders of the company.(2)Without prejudice to the generality of subsection (1), the Board may, in considering whether an applicant is fit and proper—(a)take into account whether the applicant—(i)has contravened any law in Kenya or elsewhere designed for the protection of members of the public against financial loss due to dishonesty, incompetence or malpractice by persons engaged in transacting with marketable securities;(ii)was a director of a licensed person who has been liquidated or is under liquidation or statutory management;(iii)has taken part in any business practice which, in the opinion of the Board, was fraudulent, prejudicial to the market or public interest, or was otherwise improper, which would otherwise discredit the applicant's methods of conducting business;(iv)has taken part or has been associated with any business practice which casts doubt on the competence or soundness of judgment of that applicant; or(v)has acted in such a manner as to cast doubt on the applicant's competence and soundness of judgment;(b)take into account any information in the possession of the Board, whether provided by the applicant or not, relating to—(i)any person who is to be employed by, associated with, or who shall be acting for or on behalf of, the applicant for the purposes of a regulated activity, including an agent; and(ii)where the applicant is a company in a group of companies, any other company in the same group of companies, or any substantial shareholder or key personnel of the company or any company referred to under this subparagraph;(c)take into account whether the applicant has established effective internal control procedures and risk management systems to ensure its compliance with all applicable regulatory requirements; and(d)have regard to the state of affairs of any other business which the applicant carries on or purports to carry on.(3)The Board shall give the applicant an opportunity to be heard before determining whether the applicant is fit and proper for the purposes of this Act.(4)An applicant who knowingly makes a false statement or declaration in an application for, or a renewal or variation of, a licence or permit commits an offence and shall, upon conviction, be liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both.(5)For the purposes of this section, "group of companies" means any two or more companies, one of which is the holding company of the others.