Kenya Empowers Families to Seek Gambling Bans for Relatives Under New Betting Regulations

Kenyan families have been given new legal authority to step in when a relative’s gambling behaviour threatens household finances or the welfare of dependants, following the introduction of comprehensive new gambling regulations.

The Gambling Control (Conduct of Gambling Operations) Regulations, 2026, which were published in the Kenya Gazette on June 30, create a legal mechanism allowing family members and other concerned individuals to apply to the Gaming Regulatory Authority of Kenya (GRAK) to prohibit a person from participating in gambling activities.

Previously, exclusion from betting was only possible through voluntary self-exclusion programmes provided by licensed gambling operators. That approach relied entirely on gamblers recognising they had a problem and choosing to remove themselves from betting platforms.

The newly introduced regulations establish a different process by permitting third-party intervention, even if the individual concerned does not agree to the exclusion.

Under the new rules, a family member or another interested party may submit an application to GRAK if a person's gambling has caused—or is likely to cause—serious financial hardship or place the wellbeing of their dependants at risk. Before a final determination is made, the individual who is the subject of the application will be given an opportunity to respond to the allegations and present their side of the case.

If GRAK approves the application, the regulator will determine how long the exclusion will remain in effect. It will also notify every licensed gambling operator in the country, ensuring that the excluded individual cannot simply register and continue betting through another licensed platform.

The regulations also place greater responsibility on licensed betting operators to identify and respond to signs of harmful gambling behaviour among their customers.

Operators are now authorised to suspend a customer's betting account if they have reasonable grounds to believe that the individual is showing signs of gambling addiction or is repeatedly wagering beyond their financial capacity. Whenever such a suspension is imposed, the operator must notify GRAK within 24 hours. The regulator will then review the matter and determine whether the exclusion should continue.

Despite introducing these new obligations, the regulations do not explain how betting companies are expected to determine whether someone is gambling beyond their financial means. Gambling operators generally do not have access to information about a customer's income, outstanding debts or broader financial obligations, and the regulations do not provide any specific criteria or methodology for making such assessments.

With the adoption of these measures, Kenya joins a relatively small group of jurisdictions that permit third-party gambling exclusions. Comparable provisions are already in place in Belgium, Singapore and New Zealand, while other countries—including the United Kingdom, Germany, Malta and Austria—have implemented wider responsible gambling measures designed to minimise gambling-related harm.

The regulatory reforms come as concerns continue to grow over the rapid expansion of gambling across Kenya, particularly among young people. Policymakers have repeatedly warned that increasing participation in betting is contributing to financial difficulties for many families.

According to data from the 2024 FinAccess Household Survey conducted by the Central Bank of Kenya, the average Kenyan gambler spends approximately Sh1,825 every month on betting activities.

The continued growth of Kenya's gambling industry has been driven by rising smartphone ownership, widespread use of mobile money services and high levels of youth unemployment, with many young people viewing betting as a possible source of income.

In addition to strengthening regulatory oversight, the government has maintained its use of taxation as a tool to regulate the gambling sector. Betting operators are required to pay a 15 per cent tax on gross gaming revenue alongside corporate income tax. Meanwhile, gamblers are subject to a 12.5 per cent tax on every stake they place, as well as a 20 per cent withholding tax on any winnings they receive.

By fLEXI tEAM