ADVOKS GLOBAL · KENYA
Gambling Control Act
30. Application for a licence
Edition: 2025-08-12 · In force
30. Application for a licence
(1)An application for a licence shall be made in the prescribed form and shall be accompanied by—(a)the application fee prescribed by the Cabinet Secretary in regulations;(b)sufficient evidence to show that the applicant is in possession of, or commands the prescribed gambling capital;(c)security by way of such insurance bond or bank guarantee as security as may be prescribed under the Act or regulations;(d)information from the applicant of the proximity of the intended premise to a learning institution;(e)declarations as provided for in the Second Schedule;(f)such other information as it may consider necessary to enable the Authority to determine the application; and(g)a declaration of the good causes the applicant intends to undertake and the proposed budget devoted to the good causes.(2)Authority shall vet all applications for a licence under this Act.(3)The Authority shall, in determining whether an applicant is suitable to hold a licence or permit under this Act, consider, in relation to the body corporate and its directors, as applicable—(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; and(c)the status of any other licence or approval granted to the applicant by any financial sector regulator.(4)Without prejudice to the generality of subsection (1), the Authority may, in considering whether an applicant is fit and proper—(a)take into account whether the applicant or the directors of the body corporate—(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, is proven to be 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 Authority, 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.(5)The Authority shall give the applicant an opportunity to be heard before determining whether the applicant is fit and proper for the purposes of this Act.(6)A person 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 one million shillings or to imprisonment for a term not exceeding one year, or to both.(7)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.(8)The Authority may grant a licence upon considering all the requirements under this section.(9)The Authority shall within fourteen days of issuance of a license under this section, transmit a copy of the licence to the relevant county government.