The Kenyan government faces an uphill battle in regulating betting influencers, as outdated laws and technological advancements create a complex landscape for enforcement.
Key Takeaways:
- Betting influencers exploit legal loopholes and sophisticated tactics to evade regulation
- Cross-border operations and linguistic camouflage pose significant challenges for authorities
- Limited resources and public backlash hinder effective enforcement measures
In 2017, betting websites dominated Kenya’s online landscape, with 70% of gamblers aged 26-35 spending an average of Ksh. 132,000 yearly on wagers. The government’s efforts to curb this trend led to the near-disappearance of betting sites from the top-visited list by 2024. However, this success was short-lived as the industry adapted to new promotional strategies.
The Rise of Betting Influencers
As traditional advertising channels became restricted, betting companies shifted their focus to social media influencers. These digital promoters leveraged platforms like TikTok and Instagram to create engaging content that blurred the lines between organic posts and paid advertisements. The Betting Control and Licensing Board (BCLB) attempted to counter this trend by implementing a temporary ban on all promotional activities in May 2025.
Regulatory Challenges
The BCLB faces numerous obstacles in its efforts to regulate betting influencers:
1. Outdated Legislation: Kenya’s Betting Act, last significantly updated in 2012, fails to address the realities of digital marketing and influencer promotions.
2. Decentralized Network: With over 15,000 micro-influencers spread across multiple platforms, tracking and monitoring individual promoters proves nearly impossible.
3. Cross-Border Operations: Approximately 70% of influencers targeting Kenyan audiences operate from foreign jurisdictions, placing them beyond the BCLB’s reach.
4. Sophisticated Evasion Tactics: Influencers use anonymous accounts, coded language, and local dialects to avoid detection by automated monitoring systems.
5. Vulnerable Audience: A shocking 78% of Kenyans under 25 lack understanding of betting odds, making them susceptible to misleading claims.
6. Limited Resources: The BCLB’s estimated KSh 240M budget for technology is insufficient to combat the scale of the problem.
The Double Standard in Advertising Regulation
The BCLB’s approach to regulating traditional media versus digital influencers highlights a stark contrast in enforcement capabilities. Licensed media companies with physical addresses in Kenya can be held accountable through established regulatory frameworks. In contrast, the decentralized nature of influencer marketing presents a significant challenge for identification and penalization.
Public Perception and Backlash
Attempts to crack down on influencer promotions often face resistance from both content creators and their audiences. Hashtags like #HandsOffOurHustle frame regulatory efforts as attacks on livelihoods, further complicating enforcement efforts.
The Way Forward
As the BCLB grapples with these challenges, it’s clear that innovative solutions are needed to address the evolving landscape of betting promotions. Collaboration between regulators, tech companies, and industry stakeholders may be necessary to develop effective monitoring tools and update legislation to reflect the realities of digital marketing.
The battle against unregulated betting promotions in Kenya serves as a cautionary tale for other jurisdictions facing similar challenges. As technology continues to outpace regulation, finding a balance between consumer protection and industry innovation remains a critical challenge for authorities worldwide.
