ADVOKS GLOBAL · KENYA
Gambling Control Act
115. Self-exclusion
Edition: 2025-08-12 · In force
115. Self-exclusion
(1)A person who has recognized that their gambling is harmful to himself or herself, or giving rise to difficulties in limiting the money or time or both, spent on gambling, leading to adverse consequences for that person, others, or for the community, may voluntarily enter a self-exclusion agreement between himself or herself and a licensee to be excluded from all gambling establishments and all controlled games, including online gambling or any other gambling activities or privileges.(2)A person who enters an agreement under subsection (1) shall notify the Authority of the agreement.(3)The Authority shall maintain a register of all notifications made under subsection (2) and shall notify all licensees of the self-exclusion agreement.(4)The holder of a licence issued under this Act shall—(a)establish mechanisms to give effect to self-exclusion and take all reasonable steps to refuse service to a person who enters a self-exclusion agreement from participating in gambling;(b)as soon as practicable, take all reasonable steps to prevent any marketing material from being availed to a self-excluded customer;(c)take steps to remove the name, contact information and other details of a self-excluded person from any marketing databases used by the licensee within two days of receiving the completed self-exclusion notification;(d)close any customer accounts of an individual who has entered a self-exclusion agreement and return any funds held in the customer account; and(e)put into effect procedures designed to ensure that an individual who has self-excluded shall not gain access to the licensee’s gambling services.(5)An operator who fails to implement a self-exclusion request within seven days of receipt of a written notification commits an offence and shall be liable upon conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both.(6)Despite the provisions of this section, the Cabinet Secretary shall prescribe regulations providing for the manner in which an affected person may petition the Authority for the application of the self-exclusion provisions on a vulnerable gambler.