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What is a bookmaker underKenyan law? Betting Sites in Kenya Betting terms

What is a bookmaker under Kenyan law?

A bookmaker, in section 2 of the Gambling Control Act, 2025, is a person who carries on the business of receiving and negotiating bets, whether occasionally or regularly and whether for themselves or as an agent. Licensed totalisator operators and pool betting staff are excluded. A betting site that takes stakes online counts as an online bookmaker.

Key facts

FactValue, date and source
Legal definition A person carrying on the business of receiving and negotiating bets (s.2)As of October 2026. 1
Excluded from the definition Licensed totalisator operators and staff of a licensed pool betting scheme (s.2)As of October 2026. 1
Bookmaker licence kinds On the course, off the course, both, and online (s.58)As of October 2026. 1
Column on the regulator's list BK (abbreviation not spelled out on the page)As of October 2026. 2

Bookmaker: under Kenyan law, a person who carries on the business of receiving and negotiating bets. Section 2 of the Gambling Control Act, 2025 adds that the business may be occasional or regular, and run on the person's own account or as a servant or agent of someone else. The licence that goes with the role is covered in what a BK licence is and what the number means.

What the definition covers and leaves out

A bet, also defined in section 2, is a wager or stake of money, money's worth or another valuable thing on a horse race, fight, game, sport, lottery or any other event or contingency. Two groups sit outside the bookmaker definition. One is a person who runs, or is employed to operate, a licensed totalisator; the other is a person employed in a business wholly concerned with a licensed pool betting scheme.

The same section defines an online bookmaker as a person who carries on betting by remote communications, including virtual games and virtual sports. Section 58 lets the Gambling Regulatory Authority issue four kinds of bookmaker's licence: on the course, off the course, both together, and an online bookmakers licence.

One example

You stake money on the result of a football match through a phone app. The company that accepts the stake, records the terms and settles the bet when the match ends is acting as a bookmaker. Because it takes the bet by remote communication, section 67(1) requires it to apply to the Authority for an online bookmakers licence.

How a bookmaker differs from a casino and a lottery

Section 2 describes a casino as a designated premise, or an approved virtual or online platform or site, where people take part in games approved by the Authority. Section 28(2)(a) ties that category to table games and slot machines. A bookmaker, by contrast, receives bets on races, matches and other events.

A lottery, in section 2, includes a sweepstake, a raffle and any scheme that hands out property by lot or chance, such as drawn tickets or numbers. The player buys a chance in a draw. Bookmaking, casinos and lotteries each appear as separate licensed activities in section 28(2).

The regulator's published list keeps these categories in separate columns. The column headed BK carries bookmaker licence numbers, although the page does not spell out the abbreviation. You can read those lines on the licensed bookmakers page and follow the steps in how to check if a betting site is licensed in Kenya.

Questions

Is a betting website a bookmaker under Kenyan law?

Yes, if it carries on the business of receiving and negotiating bets. Section 2 of the Gambling Control Act, 2025 calls a person who does this by remote communication an online bookmaker, a definition that also covers virtual games and virtual sports. Section 28(1) says no gambling activity may be offered in Kenya unless it is licensed, so such a site needs an online bookmakers licence.

Is a totalisator operator a bookmaker in Kenya?

No. Section 2 of the Gambling Control Act, 2025 leaves out of the bookmaker definition any person who carries on, or is employed to operate, a licensed totalisator. The Act describes a totalisator as an instrument, machine or scheme that lets any number of people bet on an event, including a device showing the number and amount of bets. Totalisators have their own licences under section 59.

Sources

  1. Gambling Regulatory Authority of Kenya (Government Printer text), The Gambling Control Act, 2025 (No. 14 of 2025), Kenya Gazette Supplement No. 141, read 29 October 2026.
  2. Gambling Regulatory Authority of Kenya, Licensed Gaming Companies for the Trading Period 2025/26, read 29 October 2026.