MasiboLaw

By Joy Kawira and Meshack Masibo

When was the last time you played Candy Crush on your phone or made a bet for your favourite football team? With the rise of e-sports, sports gambling and mobile games the Kenyan gaming industry is booming.  This has made many people curious about what it would take to get into the gaming or gambling market in Kenya. 

Whether building an online gaming empire or launching a thrilling casino, getting the right license is one of your tickets to success. If your gaming business involves the distribution and subscription of content, such as online gaming platforms,  mobile gaming apps, or broadcasting gaming-related content, you’ll need a Content Service  Provider (CSP) license from the Communication Authority of Kenya (CAK).

If your gaming business involves gambling activities, such as running a casino, sportsbook, lottery, or any form of betting, you must also obtain a gaming license from the Betting Control and Licensing Board  (BCLB). This license is essential for businesses offering gambling services in Kenya. 

1. Get in the Game: The Content Service Provider (CSP) License

To be registered as a CSP you need to meet the following requirements; 

i. A comprehensive business plan 

This details your content business delivery strategy and a clear outline of the services you intend to offer among other key elements. 

ii. Local registration 

Your business must be formally registered in Kenya, whether as a company, sole proprietorship,  or partnership, with a registered office and a permanent physical location in the country. 

iii. Shareholder and Directors details  

You must submit detailed information about your company’s shareholders and directors to the authority including their national IDs/passports and PIN certificates. 

iv. Tax Compliance Certificate  

You must provide proof of your tax compliance. 

v. Application and Licence fees 

Additionally, you will need to pay a non-refundable application fee of Kshs 5,000 (or USD 40),  along with an initial licensing fee of Kshs 100,000 (or USD 780).

2. Play to Win: The Gambling License from the BCLB 

To apply for this licence, you should meet the following requirements;- 

Step 1: Proper Documentation  

i. Submit a business plan with a detailed concept for the proposed Business, the  minimum investment, and sources of funding. 

ii. Attach corporate documents of a locally registered company including a certificate of incorporation and articles of association.  

iii. Demonstrate evidence of your capacity to undertake public gaming operations seamlessly through bank statements and audit reports. 

iv. Provide the authority with details of your key individuals and proof of their  experience in the gambling industry. 

v. Detail the proposed games of chance to be offered with a brief description of each game. 

Vi. Describe the proposed corporate social responsibility activities you will undertake once issued the licence. You will also need to clearly outline the budgets, the sector you would be supporting, and details of the projects. 

Step 2: Submitting the Application  

Submit the completed application form and documents to the BCLB offices and pay the prescribed fee for the specific gaming license you are applying for. 

Step 3: Inspection and Vetting 

BCLB will conduct a thorough vetting process, including site inspections and a review of your business plan. 

Step 4: License Approval and Issuance 

Upon successful vetting, BCLB will issue you with the gaming license, allowing you to legally operate in Kenya. 

In conclusion, whether you’re focused on subscription-based gaming through the  Communications Authority of Kenya or engaging in gambling activities under the Betting  Control and Licensing Board, securing the necessary licenses is crucial for operating legally and effectively in Kenya’s dynamic gaming industry. With the right approach, your business can thrive in this rapidly growing sector.

The writers are lawyers who specialize in offering legal services to people in technology, in case you need more assistance you can reach them through info@masibolaw.co.ke