Update Report on Gaming Legislation in Egypt, Kenya and Ghana

Egypt

Even though the Arab Republic of Egypt is a Muslim country, gambling is not entirely illegal. Bearing in mind the importance of tourism for the economy, the position of governments since 1955 to this day was somewhat in favor of games of chance, under strict rules. Organization of games of chance in Egypt is within the jurisdiction of Ministry of Tourism.

Land-based casinos (heavily taxed by the state) are located within four- and five-star hotels and are open solely to foreigners above the age of 18 or even 21 in certain locations. Currently there are 20 land-based casinos in the country. As a curiosity, national currency is not accepted in these premises, i.e., U.S. dollars and the Euro are main currencies used. Even tough locals are not permitted to enter the casino, sport betting and lottery games are available to them through a national operator. With respect to online gambling, there are no regulations applicable to it and thus no national online-gambling operators exist. Consequently, such remote gambling activities can also be considered illegal. Nonetheless, the state does not undertake any technical nor legal actions to prevent it, which means that nationals can easily access online gambling sites and place their bets.

Despite the fact that gambling is illegal in the country, sports betting through a licensed bookmaker does not fall under the category of illegal wagering. Therefore there are quite a few land-based sports books in Egypt and it is expected that their number will grow in the future. As for future regulatory and market developments, there is no activity on the governmental side that would indicate a potential change of the approach to this matter.

Kenya

Gambling has been legal in Kenya for more than half a century now (since 1966) and Kenya is one of the biggest gambling markets in Africa. Currently over 70 operators have business activity in the country and the whole market is almost entirely privatized. The legislative framework is constantly being updated on national and county levels, and the latest changes were introduced on a county level (Nairobi County) in 2021, bringing in new rules regarding social responsibility and online gambling.

The Betting, Lotteries & Gaming Act established the Betting Control & Licensing Board (BCLB) as a national licensing and regulatory authority for gambling in the country, whereby there are additional authorities regulating games of chance on a county (local) level. The licensing regime consists of national and county levels. Operators who obtained a national license are also required to go through an additional local licensing process. Licenses are issued for a period of 12 months only and are valid from 1 July until 30 June of the coming year. The Betting, Lotteries &

Gaming (including online) Regulations of 2019 regulate organization of online games of chance in more detail. Online operators are required to hold a valid national license and to operate a physical customer-care center in Kenya. Gambling through unlicensed online gambling sites is illegal and is subject to IP blockage by the BCLB.

Legislators were quite active in Kenya in the previous two years, especially with respect to social aspects of gambling in the country, bearing in mind that majority of players are of young age. Authorities on the county level (Nairobi) have also been active in the recent period and there was even some overlapping between national- and county-level decisions. It remains to be seen what future steps of the legislators will be in order to clarify the legal framework, and the scope of decisionmaking on national and county levels. The introduction of a new national-licensing authority is being considered as well. It is also to be expected that such activity will follow the fast development of gambling industry in the country.

Ghana

Under the current laws applicable in Ghana, all forms of gambling are legal and regulated in this African country. Gambling in Ghana is regulated by three main laws, those being the Lotteries Betting Act of 1960, the Casino Licensing Act and the Gambling Machines Act of 1973. The latest gaming act was enacted in 2006 and has covered both land-based and online gambling activities.

The authority responsible for the regulation of the whole gambling industry is the Ghana Gaming Commission (GGC). The only exception is the lottery, which is overseen by the National Lottery Authority (NLA). Casino and sports book operators that wish to operate in Ghana must apply for a license from the GGC. All operators applying for license must fulfill a number of preconditions, including the obligation that the operator is at least partially owned by a Ghanian national or entity.

While online gambling operators are required to obtain a license from the GGC in order to legally operate in Ghana, the restrictions that apply to license holders are not that harsh. Despite having a vast number of online casinos that have been licensed to operate in Ghana, players are keen to look for alternative options. Bear in mind that the reputation of online casinos in Ghana is not the best, due to the lack of any strict regulations for protection of players.

As for future developments on the legislative level, there have been talks and even official studies that analyzed participation of minors in gambling activities, even though the minimal legal age for entering any premise and placing any wager is 18 years old. Thus, it is to be expected that the focus will be on the social component of games of chance in the country and the impact it has on the most vulnerable members of the society.