convenient to a larger number of the public than it inconveniences, but the
fact that it facilitates the lawful exercise of their rights by a part of the public
may show that it is not a nuisance to any of the public.
161. Gaming houses.
(1) Any person being the owner or occupier, or having the use of, any
house, room or place, who shall open, keep or use it for the purpose of
unlawful gaming being carried on in it, and any person who, being the owner
or occupier of any house, room or place, shall knowingly and wilfully permit
it to be opened, kept or used by any other person for that purpose, and any
person having the care or management of or in any manner assisting in
conducting the business of any house, room or place opened, kept or used for
that purpose, is said to keep a common gaming house.
(2) In this section, “unlawful gaming” means any game the chances
of which are not alike favourable to all the players, including the banker or
other person or persons by whom the game is managed, or against whom the
other players stake, play or bet.
(3) Any person who keeps a common gaming house commits a
misdemeanour.
(4) Any person other than the persons mentioned in subsection (1)
who is found in a common gaming house shall be deemed, unless the
contrary is proved, to be there for the purpose of unlawful gaming, and
commits a misdemeanour and is liable to a fine of one thousand shillings for
the first offence, and for each subsequent offence to a fine of three thousand
shillings or to imprisonment for three months or to both such fine and
imprisonment.
162. Gaming machines.
Any person who imports or has in his or her possession any machine or other
contrivance for the purpose of gaming commits a misdemeanour and is liable
on conviction to a fine not exceeding five hundred pounds or to
imprisonment for a term not exceeding twelve months or to both such fine
and imprisonment.
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