ADVOKS GLOBAL · KENYA
Betting, Lotteries and Gaming Act
63. Power to enter and inspect land or premises
Edition: 2025-06-20 · Repealed
63. Power to enter and inspect land or premises
(1)It shall be lawful—(a)for a person authorized in writing in that behalf by the Board, on production of his authority if demanded;(b)for a police officer of or above the rank of Assistant Inspector,to enter without warrant and inspect premises (including a racecourse) in which he has reason to believe that an offence under this Act, or under any regulations made thereunder, has been or is about to be committed, and therein to—(i)examine and take copies of books, accounts and documents relating or appearing to relate to any betting transaction, lottery or gaming;(ii)seize, remove or detain a book, account or document which he has reasonable cause to suppose will afford evidence of an offence under this Act or any regulations made thereunder;(iii)require the owner or occupier of the premises to render such explanation and give such information relating to any betting transaction, lottery or gaming as may be reasonably required by him in the performance of his duties.(2)The power to act under subsection (1) shall only be exercised without warrant if the person so acting has reasonable cause to believe that the delay occasioned in obtaining a search warrant would seriously hinder him in the performance of his duties, and the power shall be exercised only by or under the directions of a police officer of or above the rank of Inspector unless the person authorized in writing by the Board or the Permanent Secretary has reasonable cause to believe that the delay occasioned in summoning a police officer would, or would tend to, defeat the purposes of this section.(3)A person who resists, hinders or obstructs a person acting in pursuance of any of the provisions of this section, or who on a requisition under subsection (1) wilfully withholds information, or gives information knowing or having reason to believe it to be false or misleading, 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:Provided that no person may be required to answer any question the answer to which may tend to expose him to any criminal charge, penalty or forfeiture.(4)Before removing anything under subsection (1), the person removing it shall furnish the person in whose custody or possession the article is at the time of removal with a written receipt therefore.(5)Every seizure under this section shall be reported without unnecessary delay to a magistrate.