Our Expertise

Technology, Data and Digital Law

Forward-looking legal advisory for technology companies, digital platforms, and data-driven businesses navigating digital regulation, data protection obligations, and emerging legal frameworks across Kenya and African markets.

Scope of Advisory

Specialist Offerings in Technology, Data & Digital Law

01

Data Protection & Privacy Compliance

Advisory on data protection obligations, privacy policies, consent mechanisms, data subject rights, and compliance frameworks under applicable data protection legislation, including the Kenya Data Protection Act, 2019.

02

Digital Contracts & E-Commerce

Drafting, reviewing, and negotiating digital service agreements, software contracts, SaaS agreements, website terms of use, privacy notices, and electronic commercial arrangements.

03

Technology Transactions & Licensing

Legal support for software licensing, technology procurement, cloud service arrangements, technology transfers, and strategic partnerships involving digital infrastructure and intellectual property.

04

Digital Platforms & Emerging Technologies

Regulatory advisory for digital platforms, fintech businesses, AI-enabled services, and other emerging technology models, including assessment of legal obligations, operational risks, and evolving regulatory requirements.

05

Cybersecurity, Data Breaches & Digital Risk

Advisory on legal responsibilities relating to information security, data breach response, incident notification, contractual risk allocation, and the development of policies to strengthen digital governance.

06

Digital Economy Regulation & Regulatory Engagement

Support with regulatory assessments, licensing considerations, compliance reviews, and engagement with relevant authorities on matters affecting technology-enabled businesses and digital service providers.

News & Updates

Latest Insights in Technology, Data & Digital Law

3 min read
•
18 September 2026

Key Regulatory Changes for Betting & iGaming Operators in Kenya 2026

Kenya’s betting and iGaming sector is undergoing significant regulatory and tax changes in 2026. The Gambling Control Act, 2025, its implementing regulations, and the Finance Act, 2026 introduce important considerations for licensing, operational compliance, responsible gambling, advertising, and tax administration. Operators must understand these developments to manage regulatory exposure and maintain compliant operations.

1. New Gambling Licensing Framework

The Gambling Control Act, 2025, established a new framework for regulating gambling activities in Kenya. The 2026 Gambling Control (Licensing) Regulations set out licensing requirements for gambling operators, including online betting businesses.

Operators should review their licence categories, application documentation, ownership and corporate information, and ongoing regulatory obligations. Businesses operating across multiple gambling verticals should assess whether separate authorisations are required for their activities.

The implementation of the licensing framework has also been subject to court proceedings. Operators should verify the latest applicable court orders and regulatory directions before making licensing decisions or relying on particular fee and capital requirements.

2. Operational Compliance and Responsible Gambling

The Gambling Control (Conduct of Gambling Operations) Regulations, 2026 establish requirements relevant to the operation of licensed gambling businesses.

Operators should review their internal controls, anti-money laundering procedures, customer identity verification, responsible gambling policies, staff training, record-keeping, and dispute resolution processes.

Practical compliance requires more than written policies. Businesses should ensure that their operational systems, employees, payment processes, and customer support procedures consistently reflect applicable regulatory requirements.

3. Advertising and Digital Platform Regulation

Betting advertisements and digital gambling platforms require careful regulatory review. The 2026 regulatory framework includes dedicated advertising regulations, making it important for operators to assess their marketing campaigns, promotional offers, sponsorship arrangements, and digital communications.

Businesses should review advertising content and approval processes against applicable restrictions, including requirements relating to responsible gambling and the protection of consumers. Operators should also assess the compliance implications of using affiliates, influencers, and third-party marketing agencies.

4. Tax Changes Affecting Betting and Gaming Operators

The Finance Act, 2026 introduced changes affecting the taxation of betting and gaming transactions, effective from 1 July 2026.

Among the key changes, the excise duty framework now applies to amounts deposited for betting and gambling purposes, rather than relying solely on wallet-based charging mechanisms. The amendments also removed the previous horse-racing exclusion from betting excise duty.

The Act further amended the treatment of withdrawals and winnings for withholding tax purposes. Operators should review how these definitions apply to player payouts and qualifying transactions, and ensure their payment systems, tax calculations, reconciliations, and returns reflect the applicable legislation.

5. Data Protection and Technology Compliance

Online betting businesses process personal information, identity documents, payment details, and customer activity records. Operators should assess their obligations under Kenya’s Data Protection Act, 2019, alongside applicable gambling regulations and licence conditions.

Compliance reviews should cover privacy notices, lawful processing, access controls, data retention, cybersecurity, incident response, and any applicable requirements concerning data hosting or regulatory access to operational records.

What Should Betting and iGaming Operators Do?

Operators should prioritise the following actions:

  • Review licences, applications, and applicable regulatory directions.
  • Update tax calculations and payment-system configurations.
  • Strengthen customer verification and anti-money laundering controls.
  • Audit advertising, promotions, and affiliate arrangements.
  • Review data protection policies and technical safeguards.
  • Maintain documented compliance procedures and monitor regulatory developments.

How Vivi Mwendwa & Associates Advocates Can Help

Vivi Mwendwa & Associates Advocates provides legal advisory on regulatory compliance, licensing, digital business regulation, and tax-related legal risk. We assist businesses in assessing their obligations, reviewing operational frameworks, and navigating regulatory developments affecting Kenya’s betting and iGaming sector.

Contact our team to discuss your licensing, compliance, or regulatory requirements.

Book a Consultation

By MFC Webmaster

Read More
1 min read
•
10 September 2026

How Kenyans Abroad Can Safeguard Land Purchases Against Title Fraud

Essential legal steps: utilizing Ardhisasa digital registry, Power of Attorney notarization, and independent legal escrow accounts.

By MFC Webmaster

Read More
1 min read
•
29 August 2026

Negotiating International Athlete Contracts & Image Rights in Africa

Understanding FIFA/CAS arbitration clauses, sponsorship buyouts, and tax residency frameworks for African athletes.

By MFC Webmaster

Read More
GET IN TOUCH

Innovate with Legal Confidence

Whether launching a digital platform, commercialising technology, processing personal data, or expanding into new digital markets, our advocates help you navigate regulatory complexity, manage legal exposure, and build a sustainable foundation for innovation.

Copyright © 2026 Vivi Mwendwa & Associates Advocates. All Rights Reserved
chevron-downchevron-right linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram