Kenya Introduces New Gambling Rules Allowing Families to Seek Mandatory Exclusion of Problem Gamblers

Kenyan families have been given new legal authority to intervene when a relative's gambling behavior 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, establish a legal framework allowing family members and other interested parties to apply to the Gaming Regulatory Authority of Kenya (GRAK) to have an individual prohibited from participating in gambling activities.

Before these regulations came into effect, the only avenue for exclusion from betting was through voluntary self-exclusion programmes provided by licensed gambling operators. Under that system, individuals had to personally acknowledge that they had a gambling problem and willingly request to be barred from gambling. The success of the self-exclusion mechanism therefore depended entirely on the gambler's willingness to seek assistance. The newly introduced regulations create an additional pathway by allowing intervention even when the individual concerned does not consent to the exclusion.

Under the new framework, family members or any other interested parties may submit a petition to GRAK if a person's gambling activities have caused, or are likely to cause, serious financial hardship or place the wellbeing of their dependants at risk. Before making a determination, the regulator will provide the individual who is the subject of the application with an opportunity to respond to the allegations and present their case.

If GRAK approves the application, the authority will determine the length of the exclusion period and notify all licensed gambling operators of its decision. This process is intended to prevent excluded individuals from bypassing the restriction simply by opening accounts or placing bets with other licensed betting providers.

The regulations also impose broader obligations on licensed betting operators to monitor and respond to potentially harmful gambling behavior among their customers. Operators are now authorized to suspend a customer's account whenever they have reasonable grounds to believe that the individual is exhibiting signs of gambling addiction or is repeatedly placing wagers that exceed their apparent financial capacity. Any such suspension must be reported to GRAK within 24 hours, after which the regulator will evaluate whether the exclusion should continue or be lifted.

Despite introducing these expanded responsibilities, the regulations do not explain how betting companies are expected to determine whether a customer is gambling beyond their financial means. Operators generally do not have access to information regarding a person's income, outstanding debts, or other financial obligations, and the regulations do not establish specific criteria or assessment methods for making such determinations, leaving uncertainty over how this requirement will be applied in practice.

With these reforms, Kenya joins a relatively small number of jurisdictions that permit third-party gambling exclusions. Comparable legal mechanisms already exist in Belgium, Singapore, and New Zealand, while other countries, including the United Kingdom, Germany, Malta, and Austria, have implemented broader responsible gambling measures designed to reduce gambling-related harm.

The regulatory changes come at a time of increasing concern over the rapid growth of gambling across Kenya, particularly among younger members of the population. Policymakers have repeatedly expressed concern that rising participation in betting is contributing to growing financial difficulties for many households throughout the country.

According to findings from the 2024 FinAccess Household Survey conducted by the Central Bank of Kenya, the average Kenyan gambler spends approximately Sh1,825 each month on betting activities. The continued expansion of the gambling industry has been driven by several factors, including higher smartphone ownership, the widespread availability of mobile money services, and persistent youth unemployment, with many young people viewing betting as a possible means of generating income.

Alongside introducing stricter regulatory controls, the Kenyan government has continued to use taxation as an additional mechanism for overseeing the gambling industry. Betting operators remain subject to a 15 percent tax on gross gaming revenue in addition to corporate income tax. At the same time, individual gamblers are required to pay a 12.5 percent tax on every wager placed, while winnings remain subject to a 20 percent withholding tax.