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Examining the Potential Link between Gambling and Crime among Youths and the Management of Controls and Legislation on Sports Betting in Bungoma County, Kenya

Sports betting is an exponentially growing industry around the globe for a couple of years. However, gambling is risky having financial consequences for its participants. Its an essentially contested notion, the boundaries of which are both porous and problematic in all countries. There is a lack of much research on the impact of Betting in the Kenyan context. Consequently, this study assessed sports betting impact in Kenya with aim of examining the potential link between gambling and crime among youths and also establishing the role of the controls and legislation on sports betting. The study utilized a descriptive research design using quantitative research approach. The study population included individuals engaging in sports betting within Bungoma County. Purposive, stratified and simple random sampling were used to sample 100 respondents for the study. Collected data was analyzed using MS Excel worksheets using descriptive statistics of frequency distributions, means and modes. Analyzed data was presented using tables and figures. The study employed the theoretical framework of Robert Merton of Strain. They presumed that with increased gambling rate, more opportunities for crime will exist. To test this proposition, the frequency of crime before and after the introduction of gambling in Bungoma County. The study compared the rate of crimes before and after introduction of gambling. The conventional wisdom among opponents of gambling is that they attract many undesirables to the community, thereby increasing crime and social disorganization. Robbery, fraud, and aggravated assault was determined if it increased, high rates of indebtedness, suicide, social isolation and gambling-related crime often accompany gambling. As a consequence, gambling addiction represents a mental disorder with a significant economic burden.

Sports betting as an industry falls under this domain. There are several players that include and not limited to Sportpesa,mCheza,Betway,Elitebet Kenya,Betyetu,Justbet,Bet365,Betin,and Kenyasportsbet. Competition and aggressive pursuance of customers is clearly visible within the industry. According to the Standard Media report, conservative figures estimate over 300,000 users play for the multi-shilling jackpot every week (PWC, 2016;Wambua, 2010).
This research was based on Sports Betting, restricted to betting on outcome of football games locally and internationally. The principal engagement in this betting is the sports betting company publishes the odds of the particular gaming coming in the future, individuals place bets for single games or for multiple games with several combinations of 'win', 'lose' and or 'draw'. All one needed was to be registered to one of the several betting 4 outfits, be registered on Mobile Money by a Mobile network and have money in the virtual wallet. Bets can then be placed from anywhere. Kenyans of all walks of life were involved in the betting craze at the moment. The business model centers on bringing ease to placing of bets where it has become anonymous of some sort. The transaction can happen end to end without having to physically interact with the betting company.

Statement Problem
Recent reports in Kenya indicate an exponential growth in the betting industry. The betting craze has turned into a source of pain for some families, with individuals committing suicide and others losing property. Students on the other hand have ended up squandering school fees hoping to multiply the money. In some other instances, families are breaking up not forgetting the escalating cases of thuggery as jobless youths see betting as the quickest way to become rich. The reasons for the bubbling of betting is associated with, a weak and obsolete legislation. Further still, perceived economic size of the industry, lack of a clear gaming policy and political interference of the operations of the regulatory Board are the other reasons for the mess in this industry. As a matter of fact, there are also frequent and worrying reports of the carnage caused by betting (Gaitano& Angela, 2015). Hence the needy for the study. Former sports minister suggested for the need to control this sector' (Wario, 2015). He said there was need to regulate the industry way above the taxation controls that only existed. Therefore, this study assessed sports betting impact in Kenya with aim of examining the potential link between gambling and crime among youths and also establishing the role of the controls and legislation on sports betting.

Objectives
The specific objectives of the study were to:  To assess the link between gambling and incidences of crime in Bungoma.  To establish the management role of existing controls and legislation on Sports Betting.

Research Questions
 What is the relationship between betting and crime in Bungoma county?
 How is the management of control measures and legislations managing the gambling industry?

Significance of Study
The study may help to the policy makers to examine the adverse effects of betting and control it. The security personnel will see the link between betting and crime. The legislative arm to put in place laws to regulate betting. Parents to discourage their children from gambling.

Scope of Study
The study was restricted to Bungoma County because many places of gambling were coming up and so are crime rates. The study focused on people engaged in gambling. The population was male and female individuals who were enrolled into any of the sports betting platforms, both heavy and light users of the product. One of the key limitations was the lack of willingness of the respondents to provide the required information. To mitigate against this, the study researcher assured confidentiality and anonymity to the research sample.

Assumption of the Study
That gambling leads to financial ruin which contributes to involvement in criminal activities.

Impact of Sports Betting on Crime
Financial losses pose the most immediate and compelling cost to the gambler in the throes of his or her disorder. As access to money becomes more limited, gamblers often resort to crime in order to pay debts, appease bookies, maintain appearances, and garner more money to gamble (Fabian, 1992). Several descriptive studies have reported widely ranging estimates of the proportion of pathological gamblers who commit offenses and serve prison terms for such offenses as fraud, stealing, embezzlement, forgery, robbery, and blackmail (Kuhlhorn, 1994), Still, when gambling establishments come to economically depressed communities with high rates of unemployment, as is the case with riverboat casinos in Indiana, there may be, in addition to the costs, social benefits to providing job training and jobs to the previously unemployed. (Silove, 1996) Noted that criminal behaviors among adolescent gamblers may be more prevalent than among adult gamblers, in part because youths have few options for obtaining funds and greater susceptibility to social pressure among gambling peers. In the United Kingdom, (Fisher, 1991) reported that 46 percent of adolescents surveyed stole from Vol 8 Issue 7 DOI No.: 10.24940/theijbm/2020/v8/i7/BM2007-051 July, 2020 their family, 12 percent stole from others, 31 percent sold their possessions, and 39 percent gambled with their school lunch or travel money. Two studies attempted to assess theft by problem gamblers, one in Wisconsin (Thompson et al., 1996a) and one in Illinois (Lesieur, 1987). These studies came to widely differing estimates of the magnitude of theft, probably because of methodological differences. In an Australian study (Silove, 1996), most of the gamblers reported using their wages to finance gambling, supplemented by credit cards (38.7 percent), borrowing from friends and relatives (32.9 percent), and loans from banks and financial institutions (29.8 percent). This study did not provide a comparison, however, of differences between the financing of gambling and other household expenditures. In Canada, (Ladouceur et al., 1994)found that, on average, the pathological gambler spent between $1,000 and $5,000 a month on gambling and used family savings (90 percent), borrowed money (83 percent), or both.
Bankruptcy presents yet another adverse consequence of excessive gambling. In one of the few studies to address bankruptcy (Ladouceur et al., 1994)found that 28 percent of the 60 pathological gamblers attending Gamblers Anonymous either reported that they had filed for bankruptcy or reported debts of $75,000 to $150,000.
Published news accounts, bankruptcy court opinions, and bankruptcy attorneys serve as the primary reporters of the effects of gambling on bankruptcy. These accounts, however, are often region-specific, anecdotal, and poorly documented. In one such study ((Ison, 1995), the records examined suggested that 20 percent of all bankruptcies filed were gambling-related; of 105 gambling filers, the average gambler owed more than $40,000 in unsecured debt and possessed an average of eight credit cards with balances of $5,000 to $10,000 each; in total, the group owed about $1.1 million, exclusive of delinquent mortgages and car and income tax payments. ((Ison, 1995) Reported that these gamblers cost one state (Minnesota) about $228 million annually.
In summary, although the research in this area is sparse, it suggests that the magnitude and extent of personal consequences on the pathological gambler and his or her family may be severe. These destructive behaviors contribute to the concern about pathological gambling, and the need for more research to understand its social cost to individuals, families, and communities.

Impact of Existing Legislation
The role of law in regulating any industry and business cannot be understated. The law acts as guidance to operators in an industry so as to protect consumers, maintain sanity, fair competition and also act as a guide and play a role in governance. Law has to keep up with all the dynamic facets of an industry so as to remain relevant and a point of reference. Littler (2007) National policies usually regulate the quantity and quality of the gambling supplied. Thus, some forms of gambling may be prohibited or the number of gambling opportunities may be limited. Where the provision of gambling opportunities is permitted, two broad approaches are used to ensure the quality of the gambling services; either the use of a state-owned body with a monopoly position, or a licensing regime with a supervisory and enforcement mechanism.

Betting Regulations in EU
The European Union faces the same challenge and works closely with National governments to find a balance in this legislation. As Littler (2007) found, instead of a selection of national courts reaching various interpretations of an unclear criterion and the European Commission launching infringement procedures on an ad hoc basis, legal certainty has to be achieved. From the foregoing discussion, the repercussions of gambling policy are both national and European in nature. An initiative needs to develop which can overcome the current impasse. In the United Kingdom, such calls for legislation had basis in the changing conditions.
As a response to the industry, the UK Governments introduced the current system of gambling law and regulation was established in the 1960s, and has changed little since then (Dewar, 2012). However, the regulation reflects social attitudes that were prevalent then and the technology that was available. The system no longer works. We are committed to reforming gambling regulation to offer freedom with protection for the vulnerable.
According to Brooks, (2012), the Gambling Commission is able, if it so wishes, to establish standards in respect of the manufacture, supply, installation and adaptation of software, and is considered a criminal offence if these standards are breached. A gambling company must therefore obtain personal, remote and software licenses before it is fully licensed in Great Britain. In conclusion, Britain's pursuance of a law that governed gambling was in essence, Light, (2016) consideration of whether the safeguards proposed by the Government can meet the social challenge posed by a gambling industry released from restraints and left to free-market economic forces.

Betting Regulations in USA
In the United States, there is a different challenge altogether with regards to the law (Paton, Siegel, & Williams, 2016). Despite the growing popularity of gambling in the USA, there is still strong religious opposition to this activity in many states and almost no support for legalizing gambling on sporting events. For instance, only Nevada and Oregon allow sports betting; and, in Oregon, it is permitted only on a very limited basis. Thus, there is considerable variation within the USA in gambling activity and tax rates across regions and states. Fundamentally though, there is legislation as much as it is on a State by State level.

Betting Regulations in Africa
In Africa, the legislation question remains vague, non-adaptive and stagnant. In neighboring Uganda, According to Ahaibwe, Lakuma, Katunze, and Mawejje, (2016) many facets of the law relating to lottery and gaming have become obsolete and are not sensitive to the new modes of gambling and the unprecedented growth of the industry. Similarly, the regulatory body (National Lotteries Board) has substantial capacity problems and limited statutory powers and is not always able to effectively exercise its mandate herein inhibiting its ability to comprehensively regulate the gambling industry.

Betting Regulations in Kenya
As is the case in the African context, the same can be generalized for the Kenya situation. Yawe & Ssengooba, (2014) finds that there is no adequate regulatory framework to protect underage and vulnerable individuals, ensure that the games are fair, address the concerns of law enforcement, and enforce any limitations on the activity. Worse still, the operators are not obliged by any law to utilize proper safeguards to thwart underage and problem gambling, or to put in place systems to prevent money laundering. According to Menya (2016), betting is not illegal in Kenya. The multi-billion industry is regulated by the Betting Control and Licensing Board (BCLB) under the Betting, Lotteries and Gaming Act of 1966.
In the Act 'remote gambling' means gambling in which persons participate by the use of remote communication. In this Act 'remote communication' means communication using-(a) the internet, (b) telephone, (c) television, (d) radio, or (e) any other kind of electronic or other technology for facilitating communication. Clear provisions for what the law covers are made here which clearly lack in the Kenyan context. Furthermore, there are clear guidelines in pursuing the licensing objectives, i) preventing gambling from being a source of crime and disorder, being associated with crime or disorder or being used to support crime ii) ensuring that gambling is conducted in an open and fair way, ensuring that the terms and conditions betting companies have with customers are being honored iii) protecting children and other vulnerable people from being harmed or exploited by gambling (GoK, 2015).
There is clear need for the Government of Kenya to close this regulatory gap to a go a long way to protecting the Kenyan public and also the consumers of these gambling products from exploitation (Menya, 2016). There is poor to no taxation of the industry winnings. The 20% withholding tax instituted by Treasury is yet to be realized. There is poor to no enforcement of the law. Also, there has been creation of the Sports Lottery Fund, under the Sports Act, utilizing money raised from betting activities. The Fund activities have failed to materialize (Menya, 2016). Ekhalie (2015) in the article 'Is the National Sports Fund board of trustees sleeping on the Job?' outlines the challenges facing regulation of sports betting in Kenya. In conclusion, there seems to be discordant and one-off legislation and regulation when it comes to the betting industry. The one-off laws lack any form of structure or enforceability at the moment hence poor to no regulation.
Most of the laws are earmarked at raising money from the industry as opposed to regulation, protection of users and ensuring fair competition. This has led to frustration from within and outside the industry hence the lag behind. Also, betting and gambling in Kenya has taken on the technological aspect and hence posed new challenges to regulation and legislation. The lack of technological know-how, appreciation of challenge and ability to keep up by the regulation authorities and BCLB has proven to be another major challenge. There needs to be adoption of fresh thinking and approach needs to be the fundamental focus of the government and the Betting Control and Licensing Board.

Theoretical Framework
This study proposed the application of Strain Theory which was introduced by Robert Merton in the early 1930s in his study of wealth. He ascertained that whenever a gap or discrepancy between individuals' aspirations and reality exists, frustrations will ensue and individuals will be more likely to use illegitimate means to accomplish their goals. In the 1990s, Agnew expanded this theory to apply more likely to experience frustrations or anger and one is vulnerable in engaging in criminal or deviant behavior.

Conceptual Framework
A variable is any factor, trait, or condition that can exist in differing amounts or types.  The independent variable is the one that is changed by the study.  An independent variable is the manipulated variable. In other words, the independent variable is the variable that is being tested while dependent variable is something that depends on other factors.  Financial losses, Indebtedness, Youth involvement in crime and Losses of employment were Dependent variablesin Impact of sports betting and were directly linked to increased number of youths involved in gambling and increased number of betting related crimes as Independent variables.  On Effects of sports betting on crime, the study found out that dependent variables of Biological effects, Psychological and Social risk factors were directly linked to increased number of youths involved in gambling and increased number of betting related crimes as Independent variables.  The third objective on effectiveness of existing legislation on sports betting with dependent variables as Sustainability of policies, Policy implementation mechanisms and actors involved; the study found out that they were directly linked to increased number of youths involved in gambling and increased number of betting related crimes as Independent variables.
 Intervening variables to the above included Influx of technology, Influence of media, and Increase of betting companies

Research Design
This study adopted a descriptive research design. A descriptive research design involves the gathering of data with the purpose of describing trends, a phenomenon or case (Bryman& Bell, 2011). The overall objective of this study was to describe the factors informing the growth of crime in relation to sports betting in Kenya. Consequently, the study described the effect of sports betting on vulnerable groups. This study utilized a quantitative research approach. In a quantitative research approach, the researcher focuses on quantifying the data into numerical values. This study used quantitative research approaches as well as data collection instruments. The justification for the choice of quantitative research approach is that it

Population
The key population or characteristics of this study were individuals who engaged in sports betting. According to Polit and Hungler (1999) a population is an aggregate or totality of all the objects, subjects or members that conform to a set of specifications.

Sampling Technique
This study utilized probability-based sampling technique: Purposive sampling for the locale, stratified sampling for different participants and simple random sampling technique to get the real sample population. In a stratified random sampling technique, the researcher classifies the population into strata's and each element within strata is given an equal chance for inclusion in the study.

Sampling Frame or Size
The study randomly sampled 76 individuals from different cadres for study. These included different cadres of employees and entrepreneurs. Currently employed persons 24, Full time employees 39, Entrepreneurs 07, and Temporary employees 06. Saunders, Lewis, &Thornhill, (2008) explained that the sampling frame must be as complete, accurate and up to date as possible.

Data Collection Methods
A structured questionnaire was the primary data collection instrument. A questionnaire was justified for use in this study as its enhanced collection of qualitative as well as quantitative data. The first section sought general data about the respondents and their experiences around Betting, specifically on Sports. The rest of the sections were molded around the specific objectives.

Ethical Procedures
The research process entailed obtaining permission from the relevant bodies as stipulated.

Data Analysis Methods
Data collected from the questionnaires was keenly inspected for errors and gaps in the study. After inspection and editing, the questions coded for analysis. Quantitative techniques were used for the data analysis. Descriptive statistical techniques wereto be used. Descriptive statistics such as frequency distribution tables, means, deviations and modes were used for describing the finding. The data was then presented in figures and tables.

Results and Findings
The chapter is organized into sections flowing from the research questions. The first section addresses the role and implications of Sports Betting on crime. The second one looks at the effects of Sports Betting on Vulnerable segments of users. The third section looks at the existing policies and legislation regarding Sports Betting. The data was collected was collected in a span of three weeks. Seventy-six questionnaires were distributed and completed for the final study. The study achieved a 100% response rate.

Kinds of People in Betting
The study sought to find out the participants and source of income of the betting population. Most betting participants were people who were in full employment 52% (Fifty-one-point three percent) followed by the unemployed ones 31.6% (thirty-one-point six percent) of the respondents and the remaining being entrepreneurs and people in temporary employment. The findings imply that full time employees spent much of their money betting and that's why families had conflicts because of wastage leading to family neglect or abandonment. All the respondents (100%) accepted to have placed a bet. However, they used different means for betting. For instance, 48.6% placed their bets via a website. 22.2% placed their bets via Mobile USSD or SMS, 29.2% used a combination of both channels of website and Mobile USSD and SMS. Most respondents seemed not be very regular gamblers; 61.1% (Sixty-one -point one percent) of them placed a bet on rare occasions. Twenty-point eight percent (20.8%) of the remaining did it a few times a week. The most regular gamblers were few. The findings showed that more people engaged in gambling though some not so often.

Frequency
Most respondents placed their bets courtesy of Sport Pesa, followed by Betin and Betway. However, respondents demonstrated knowledge of a multitude of betting platforms across all the age groups interviewed. A total of 37.6% of the respondents were aware of Sports Pesa, 19.8% were aware of Betin, 16.8% were aware of Betway, 5.9% were aware of Bet Yetu, 11.9% were aware of M-Cheza and 7.9% were aware of Elitebet respectively as shown in the figure below. All respondents indicated that they were aware that sports betting was a gambling activity. Most of them 58.3 (Fifty-three-point three percent) said they placed their bets despite winning just occasionally. The remaining 29% had either rarely or never won any bet but played hoping to win sometime later. This explains why it's addictive to gamblers who spend everything hoping to win some day.

Frequency Percent
Respondents were of the opinion that robbery increased by 20% after introduction of gambling, fraud increased by 4%, and aggravated assault cases by 30%. There was Thirty percent increase in rates of indebtedness, 18% increase in suicide cases, and 40% increase in and gambling-related crimes.

Risk of Involvement in Crime after Loss of a Bet
Majority of the respondents agreed that people who got engaged and lost their bets or important items: seemed heavily indebted, easily engaged in criminal activities to restore what was lost or in order to pay off monetary debts (58%). Others felt that sour losers at worst ended up committing suicide or venting off anger through aggravated assault. This answers the question as to whether there was a link between gambling and criminal activities.  Table 5: Are there existing Controls/Legislation on Sports Betting? controls governing betting activities in Kenya. However, they felt most of the laws on sports betting focused on taxation of betting companies rather than protection of the users of the betting products. On the other hand, 25% of the respondents were neutral

Key Catalysts to Gambling
Advertisements and promotion of sports betting products through sponsorships of sports and social projects were some of the major influencers of the decision to bet. Majority of the respondents believed that the government was not doing enough to control advertising.

Impact of Sports Betting on Crime
Majority of the respondents agreed that people who got engaged and lost their bets or important items: seemed heavily indebted, easily engaged in criminal activities to restore what was lost or in order to pay off monetary debts (58%). Others felt that sour losers at worst ended up committing suicide or venting off anger through aggravated assault. This answers the question as to whether there was a link between gambling and criminal activities. This finding was in resonance to findings from studies in the United States and Canada that have analyzed the relationship between casino gambling and crime have yield same results. According to Grinols (2000) study on Casino gambling the same caused crime in 2000 and he has pointed out that the evidence in his research has shown that casino gambling causes significant increases in crime. According to the article, a number of pathological gamblers have lost control over their gambling behavior, personal lives and job. They relied on other to provide money to relieve a desperate financial situation caused by gambling. Moreover, some of them got themselves involved in illegal activities. One of study gamblers in treatment found that 62 percent committed crimes because of their gambling and nearly 400 members of Gamblers anonymous showed that 57 percent admitted stealing to finance their gambling (Grinols 2000). The study proves that casino gambling related to crime.

Existing Controls/Legislation on Sports Betting
This study found that the government of Kenya is more involved in the taxation of sports betting companies rather than the promotion of user control and protection rights and the advertising controls of sports betting in Kenya. The lack of advertising controls on sports betting is a major cause of worry not only in Kenya but around the world. While there exists no controls and advertising limits sets in Kenya, it is apparent that children can access sports betting on websites and even when using phones. This challenge also affects countries such as UK and USA. According to Dewar (2012), gambling on the internet is dangerous because: Children could easily access it; It will lead to increases in problem and pathological gambling; Criminal elements would find it all too easy to become involved; The integrity of operators cannot be currently guaranteed; It takes money from regulated terrestrial gambling and associated businesses. The role of law in regulating any industry and business cannot be understated. The law acts as guidance to operators in an industry so as to protect consumers, maintain sanity, fair competition and also act as a guide and play a role in governance. Law has to keep up with all the dynamic facets of an industry so as to remain relevant and a point of reference (Littler, 2007).

Impact of Sports Betting on Crime
Sports gambling has affected sports by introducing organized crime into the sporting arena. There was an average increase in crimes about 19.5% in Robbery, fraud, aggravated assault,suicide, high rates of indebtedness and gambling-