Foreign betting sites in Kenya: what the law says about offshore bookmakers

A betting site run from abroad may take bets from people in Kenya only if it holds a Kenyan online gambling licence. Section 79 of the Gambling Control Act, 2025 sets the conditions, and section 28(1) bars any gambling activity or service in Kenya that is not licensed under the Act. You can see who holds a bookmaker licence on our copy of the regulator's list of licensed bookmakers.

What does section 79 require of a foreign operator?

Section 79(1) says a gambling operator based in a foreign country "shall only be issued with an online gambling licence" where it meets three conditions:

• it is registered in Kenya;
• it has a physical address registered in Kenya; and
• it meets the requirements the Authority prescribes in regulations.

Section 79(2) adds a fourth demand: audited books of accounts for the immediately preceding year. The general rules for every licensee apply on top of these.

Section 29 adds two conditions that bind every licensee. Kenyan citizens must own a minimum of thirty per cent of its shares (s.29(a)), and the money from the licensed activity must be paid into an account at an authorised, Kenyan-registered financial institution (s.29(b)).

An online bookmaker licence also has a price and a capital floor. The Licensing Regulations (L.N. 111) set an application fee of KES 5,000,000 and a licence fee of KES 50,000,000 in the Second Schedule, and minimum gambling capital of KES 100,000,000 in the Third Schedule. The Act's own Third Schedule fixes the security bond or bank guarantee for an online gambling licence at KES 100,000,000.

Is there a licence for foreign operators that do not serve Kenya?

Yes, and it works the other way round. Section 79(4) lets a foreign operator that does not intend to carry on online gambling in Kenya apply for a licence. Section 79(5) exempts that operator from the thirty per cent shareholding rule in s.29(a).

The Foreign-Based Operators Regulations (L.N. 113 of 2026) govern this licence. Regulation 2 defines a "foreign-based operator" as one licensed under s.79(4), and r.4 requires paid-up capital of at least KES 100,000,000 and a security bond or bank guarantee of KES 200,000,000.

The central duty is in r.7(1). The operator must use technical measures, including IP geo-blocking and identity verification, "to ensure that persons resident in Kenya cannot access their gambling platforms". The Authority audits the geo-fencing every quarter (r.7(2)) and gets real-time access to the operator's central server to confirm that no domestic bets are processed (r.8).

If such an operator lets Kenyan residents in, r.10(1) allows the Authority to suspend or revoke its licence after notice, and its security bond may be forfeited to the State. A Kenyan licence of this kind is a licence to serve other countries, not to take your bets.

What is the penalty for an unlicensed foreign site?

Section 79(3) makes it an offence for a foreign-based gambling operator to provide online gambling services in Kenya without a licence. On conviction, a natural person faces a fine of up to two million shillings, up to two years in prison, or both, and a corporate person faces a fine of up to fifty million shillings.

Section 98 adds a general offence for anyone who operates or conducts gambling without a valid licence. A first offence carries up to three million shillings or three years, or both, and a repeat offence up to five million shillings or five years, or both.

The net also reaches those who keep such a site running. Regulation 102(1) of the Conduct of Gambling Operations Regulations (L.N. 112) makes it an offence to provide hosting, server infrastructure, domain registration, payment processing or technical support that enables an unlawful gambling platform. Under r.102(3) an individual faces up to one million shillings, up to six months, or both; a body corporate faces up to one million shillings plus suspension or revocation of licences and forfeiture of assets.

Regulation 102(2) defines an illegal gambling platform as any website, application, digital device or electronic system that offers gambling without the authorisation, licence or approval the law requires.

What does it mean for you if you bet on an offshore site?

The offences above are written around the operator and the people who help it. Sections 79(3) and 98 describe providing, operating or conducting gambling, not placing a bet. For a view on your own legal position, ask an advocate.

The bigger issue is protection. The duties that help a bettor get paid are duties of a licensee, so an offshore site with no Kenyan licence owes none of them under Kenyan gambling law:

• Section 70(1) requires a licensee to credit online winnings to your account within two days.
• Section 76(2) requires money held for players to be at least equal to all player balances at any time.
• Section 40(2) lets the Authority use a licensee's security bond to meet liabilities arising from the licensed activity.
• Regulation 101 of L.N. 112 imposes a penalty of 5% of the winnings when a licensee fails to pay within fourteen days.
• Section 68(8) requires a customer care centre within Kenya, and L.N. 112 r.9(2) makes it report public complaints to the Authority within two days.

Against a site with no Kenyan licence, the Authority has no licence to suspend under s.34 and no bond to draw on under s.40(2). Your balance there depends on the site's own conduct. Section 80 does give a party to an online gambling dispute fourteen days to appeal to the Gambling Appeals Tribunal, but it puts no Kenyan bond, bank account or customer care centre behind an offshore site.

Data is another gap. Regulation 42(2) of L.N. 112 requires a licensee to store and process player data on servers within Kenya unless the Authority grants an exemption, and r.83 prohibits anonymous gambling and the use of virtual assets for gambling or withdrawals unless the Authority approves. A site that asks you to deposit in crypto is a warning sign.

How can you tell whether a foreign site is licensed in Kenya?

The only list the regulator publishes covers the 2025/26 trading period. Each row gives an Operators Name, a Trading Name, licence numbers in the BK, PG and PL columns, a STATUS and the DOMAINS. Because s.79(1)(a) requires registration in Kenya, a foreign brand that may lawfully serve you should appear under the name of its Kenyan company.

The regulator's website records the list page as last modified on 19 March 2026, so a licence granted after that date may be missing. If a brand is absent, ask the regulator before you deposit. The full method is set out in how to check if a betting site is licensed in Kenya.

Check the address bar as well. A domain ending in .ke does not prove a licence, and a .com domain does not prove a site is foreign; only a match with the DOMAINS column counts.

You can report a site you think is unlicensed to the Gambling Regulatory Authority, whose website gives the toll-free number 0800-723-770. Under s.10(k) of the Act, one of the Authority's functions is to monitor and alleviate illegal cross border gambling activities.

What this page does not cover

This page explains where foreign sites stand under Kenyan licensing law. It does not cover tax on winnings from offshore sites or the law of the country that may license such a site. If a licensed site will not pay you, read what to do when a bookmaker refuses to pay winnings, and for the wider system see the guide to how betting site licensing works in Kenya.