Some Kenyan gamblers could soon lose access to their betting accounts under new provisions contained in the Gambling Control Act, 2025.
The Gambling Control Act 2025 seeks to promote responsible gambling and reduce the social harm associated with betting.
In addition, the law introduces a formal self-exclusion framework that allows gamblers struggling with addiction or harmful betting habits to be barred from gambling services.
“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,” the Gambling Control Act 2025 states.
The Act requires the Gambling Regulatory Authority of Kenya to monitor gambling patterns and undertake research into addictive and compulsive gambling.
Gamblers’ Self-Exclusion and Account Closure
Under the Gambling Control Act, 2025, gamblers who acknowledge harm caused by betting can voluntarily exclude themselves from gambling services.
The Act requires the Cabinet Secretary to develop regulations that allow affected persons to petition the Authority to apply the exclusion provisions to vulnerable gamblers.
For the process to be successful, the gambler must recognize the betting problem and enter into a self-exclusion agreement with a registered gambling operator to exclude themselves from all gambling establishments, controlled games, online gambling platforms, and gambling privileges.
Following the gambler’s self-exclusion registration, licensed operators are required to close the gambler’s account.
However, the Act clarifies that the self-exclusion, a notification should be made to the Gambling Regulatory Authority of Kenya (GRA).
The GRA maintains a register of self-excluded gamblers, and licensed operators are notified of the exclusion.
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Betting Companies on Self-Exclusion Betting
Once notified by the GRA, the licensed operators are legally obliged to refuse to offer any gambling services to the self-excluded individual.
In addition, the gambling companies will prevent the individual from participating in gambling services and remove the person’s details, including name, contact information, and other details, from marketing databases within two days of receiving the notification.
Further, the betting companies are obliged to stop sending promotional messages and advertisements and close the gambler’s betting accounts.
Despite the Gambling Act 2025 allowing for the closure of the betting accounts, the company must return any funds that are held in the accounts of the self-excluded individual.
Family, Venue-Initiated Interventions and Court-Ordered
While the Gambling Control Act, 2025 outlines self-exclusion, it also establishes exclusion mechanisms for vulnerable gamblers.
Under the Act, future regulations will allow family members to petition the GRA Authority to intervene when a gambler’s behavior is causing significant harm.
However, a spouse, parent, guardian, or other affected person is expected to submit evidence to the Authority demonstrating that the gambler is vulnerable and in need of intervention.
For venue-initiated exclusion mechanisms, gambling operators may be able to flag customers displaying signs of harmful gambling behavior and request the intervention of GRA.
The Act further anticipates court-ordered exclusion mechanisms where a court could direct that a person be excluded from gambling activities where evidence shows gambling has become harmful or is contributing to serious social, financial or personal problems.
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Operators Face Penalties for Non-Compliance
A gambling operator that fails to implement a self-exclusion request within seven days of receiving written notification under the Act commits an offense.
Failing to process a self-exclusion request, the operator may face a fine of up to KSh1 million, imprisonment for up to one year, or both.
Further, the Gambling Control Act goes beyond voluntary exclusion by requiring the development of policies to protect vulnerable gamblers.
Under the Act, the Cabinet Secretary and the Authority will be required to establish guidelines for gambling operations covering assistance for individuals affected by gambling problems.
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