Introduction
Kenya’s gambling sector has experienced rapid growth over the last decade, largely driven by the widespread use of mobile money platforms, increased access to smartphones and the extensive use of digital marketing by industry players. By 2025, the sector had grown into a high-revenue market, attracting millions of daily users.
In response to this expansion, Kenya enacted the Gambling Control Act, 2025 which repealed the Betting, Lotteries and Gaming Act. The new law introduced a more robust framework to regulate gambling activities, with particular emphasis on addressing gaps in the oversight of advertising and promotional practices. This article examines the key provisions governing advertising under the Act, with a focus on consumer protection and the promotion of responsible gambling.
Legal Framework
Section 87 of the Gambling Control Act, 2025 forms the central pillar of the law’s advertising regime. It introduces a mandatory pre-approval requirement for advertisements, sets out detailed content restrictions, regulates broadcast timing and requires the inclusion of responsible gambling messaging.
Mandatory Pre-Approval of Advertisements
The Act prohibits the promotion or advertisement of any gambling activity through any communication channel without prior approval from the Gambling Regulatory Authority (GRA). This requirement applies broadly to all stakeholders involved in the advertising process, including licensed operators, advertising agencies, media houses and publishers.
Prohibited Advertising Content
i. False or Misleading Representations
Advertisements must not contain statements that are inaccurate, deceptive or likely to mislead consumers. This provision targets practices such as exaggerating the likelihood of winning or presenting gambling outcomes in an overly favourable light.
ii. Use of Public Figures and Influencers
The Act restricts the use of celebrities, athletes, influencers and other prominent personalities in gambling promotions. This is intended to reduce the appeal of gambling to younger audiences, who are more likely to be influenced by such figures.
iii. Glamourisation of Gambling
Advertising that portrays gambling as a pathway to wealth, social success or an aspirational lifestyle is prohibited. This includes content that links betting to luxury, financial success or upward social mobility, which can mislead vulnerable individuals.
iv. Aggressive Call-to-Action Messaging
The Act appears to prohibit messaging designed to pressure or prompt immediate participation, including time-sensitive offers or urgent prompts to place bets.
v. Representation of Gambling as a Source of Income
Advertisements must not depict gambling as a dependable means of earning money. This addresses prior industry practices that positioned betting as an alternative livelihood.
vi. Placement of Outdoor Advertising Near Schools
Billboards and other outdoor advertisements must not be located near educational institutions. This measure is intended to limit the exposure of children and young persons to gambling-related content.
Restrictions on Broadcast Timing
The Act restricts the airing of gambling advertisements on television or radio between 6:00 a.m. and 10:00 p.m., except during live sports broadcasts. This restriction is designed to reduce exposure to vulnerable audiences, particularly minors.
Responsible Gambling Requirements
The Act requires that at least 20% of any gambling advertisement be dedicated to responsible gambling messaging. Advertisements must also include clear warnings about age restrictions, stating that participation is limited to adults.
Additionally, advertisements must highlight the addictive nature of gambling and avoid misrepresenting the odds of winning, the nature of prizes or the overall risk involved.
Sanctions for Non-Compliance
The Act introduces significantly stricter penalties for breaches. Advertising violations and other serious offences may attract fines of up to KES 20 million, as well as custodial sentences. Operating without a licence may result in fines of up to KES 50 million. These penalties represent a substantial increase from those under the previous law, which imposed relatively minimal fines. For other offences, penalties may include fines of up to KES 1 million or imprisonment for up to one year.
Impact on Licensing
The Gambling Regulatory Authority has the power to revoke a licence where a licensee fails to comply with the Act. It may also suspend a licence, provided that the affected party is given notice and an opportunity to respond.
Dispute Resolution: Gambling Appeals Tribunal
The Act establishes the Gambling Appeals Tribunal to hear appeals arising from decisions made by the Gambling Regulatory Authority or the county government. Decisions of the Tribunal may be challenged before the High Court within 14 days.
Conclusion
The enactment of the Gambling Control Act, 2025 marks a significant shift in the regulation of gambling advertising and promotion in Kenya. By introducing strict controls on advertising content, mandatory pre-approval requirements, time-based broadcasting restrictions and compulsory responsible gambling messaging, the Act seeks to strike a balance between allowing a regulated gambling market to operate and protecting consumers from harm.
The new framework places greater responsibility on operators, advertisers and media platforms to ensure compliance, with substantial penalties for breaches. The clear restrictions reflect a deliberate policy shift towards consumer protection and responsible gambling.
If implemented effectively, the Act has the potential to create a safer gambling environment while maintaining a viable and well-regulated industry.
How CM Advocates LLP Can Assist
At CM Advocates LLP, we provide stakeholders in the gambling sector with tailored advice and compliance support as Kenya transitions into this new regulatory framework. For further guidance or assistance in navigating the gambling sector, please contact our Betting, Lotteries and Gaming Practice Group at law@cmadvocates.com.
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