Can you use Fuliza to deposit into a betting account?
The Gambling Control Act, 2025 does not name Fuliza, but it bars a licensed operator from providing credit or acting as agent for a credit provider. Whether a payment can draw on overdraft is a term of the mobile-money provider, not of the Act. Read Safaricom's own Fuliza terms, and treat any borrowed money as a debt.
Short answer: two separate rule sets
Two different parties are involved when a deposit is paid with borrowed money. The mobile-money provider decides what its overdraft facility can pay for. The licensed operator is bound by the Gambling Control Act, 2025, which restricts credit on the operator's side.
The Act does not mention Fuliza by name. It also does not tell the provider which payments an overdraft may cover. This guide therefore separates what the law fixes from what only the provider can answer, and it states no Fuliza fee, limit or eligibility rule because those are the provider's to publish.
What the Act says about credit
Three provisions matter. Section 72(7) says a licensee shall not induce, facilitate or aid a player to place a wager or bet by advancing credits, by the use of credit cards, or by meeting third party costs incurred by a player. Section 74(1)(a) says a licensee shall not provide credit to a player or on a player's account, or act as an agent for a credit provider to facilitate credit to a player.
Section 74(2) makes a breach of subsection (1) an offence, with a fine not exceeding five million shillings or imprisonment for up to five years, or both. Free bets and bonus bets offered in the ordinary course of business are outside both rules (sections 72(7) proviso and 74(3)).
| Question | Where the answer sits | What the sources say |
|---|---|---|
| May an operator lend to a player? | Act s.74(1)(a) | No; it is an offence |
| May an operator act as agent for a lender? | Act s.74(1)(a) | No |
| May an operator aid a bet by advancing credits or via credit cards? | Act s.72(7) | No |
| Which channels may an operator receive funds through? | Act s.73(4) | Debit card, electronic funds transfer, mobile money transfer, cash deposits, or another method the Authority approves |
| Which wallet products can pay a paybill? | The mobile-money provider | Not set by the Act; read the provider's terms |
| What fee applies to the payment? | Provider and operator | Fee particulars must be made available to the player (s.72(6)(b)) |
Why the operator's duty is not the same as yours
The restriction in section 74 is written as a list of things a licensee shall not do. Its penalty clause applies to a person who breaches that subsection. The provisions read for this guide do not describe the player as the party that commits an offence by paying a deposit from a wallet that has an overdraft attached.
That does not make the practice a good idea, and it does not settle any term of the provider or the operator. An operator's own terms may say what it accepts, and it must show you its rules and any processing fee under section 72(6). The wider payment path is described in the guide on how mobile-money deposits reach a gambling account.
What an overdraft deposit is in practice
From the player's side, the point is simple: money funded by an overdraft is a debt to the provider, not your own balance. The operator receives the same payment either way, so the account balance looks identical. The difference is entirely on your wallet side.
Illustrative example. Suppose a wallet holds KES 300 and a deposit of KES 1,000 is paid. Step 1: the wallet covers KES 300 from its own balance. Step 2: the remaining KES 700 would have to come from an overdraft, if the provider's terms allow that payment type. Step 3: the betting account is credited KES 1,000, and you now owe the provider KES 700 plus whatever charge its terms apply. The charge is not computed here because its rate is the provider's to publish.
If the stake is lost, the account balance falls but the debt does not. That is the main reason to read the provider's terms before relying on an overdraft for any gambling payment.
What to check, in order
- Read the provider's official Fuliza page
Note which payments it covers, the charges, and how repayment is taken. Record the date you read it, since terms change.
- Read the operator's payment terms
Look for the accepted channels, the paybill or till it uses, and any processing fee. Section 72(6) requires the rules and fee particulars to be available to you.
- Set your own deposit limit first
Regulation 87 requires licensees to provide tools for daily, weekly and monthly deposit limits. A limit set before the first payment caps the amount whatever the source of funds. Typical ceilings are explained in the guide on M-Pesa limits for betting deposits and withdrawals.
- Keep the confirmation message
Save the transaction code, amount and time. If a payment is not credited, the guide on a deposit that was deducted but not credited shows how to raise it.
If the operator offers you credit
An offer of credit, a loan or a "top-up on account" from a licensed operator runs against section 74(1)(a). So does an operator that links you to a lender as its agent. Keep the message or screenshot and report it to the Gambling Regulatory Authority through the contact channels on its official site.
Lenders unrelated to the operator are outside section 74, but they are not outside your budget. Treat borrowed money for gambling as a risk to your finances, and use the limit tools in the operator's account settings.
A payment sent to the wrong number is a different problem, covered in the guide on reversing a payment sent to the wrong betting paybill.
Gambling is addictive. Play responsibly, and never with money you have borrowed or cannot afford to lose.
Questions and answers
Does the Gambling Control Act mention Fuliza?
No. The text of the Act read for this guide does not name Fuliza or any other product. It speaks in general terms of credit, credit cards and credit providers in sections 72(7) and 74(1)(a).
Is it an offence for the player to use borrowed money?
The sources read for this guide place the duty on the licensee. Section 74(1) says what a licensee shall not do, and section 74(2) sets the penalty for a person who breaches that subsection. The sections read do not describe an offence by a player for funding a deposit from a wallet overdraft.
Can an operator offer to lend me money for a bet?
No. Section 74(1)(a) bars a licensee from providing credit to a player or on a player's account, and section 72(7) bars it from inducing or aiding a bet by advancing credits. Free bets and bonus bets in the ordinary course of business are carved out in sections 72(7) and 74(3).
Where do I find what Fuliza covers and what it costs?
On the official Fuliza page of Safaricom and in the terms it gives you when you opt in. Limits, charges and which payment types it covers are set by the provider and can change, so no figure is repeated here.
What if a deposit was funded by overdraft and I want to reverse it?
Reversal of a mobile-money payment is handled through the provider and the operator, with the transaction code. The guide on a wrong paybill payment and the guide on a deposit that was deducted but not credited set out the steps. Any overdraft balance remains a matter between you and the provider.
Sources
- Gambling Control Act, 2025 (No. 14 of 2025), ss.72(6)-(7), 73(4), 74, accessed 2026-10-15
- Gambling Control (Conduct of Gambling Operations) Regulations, 2026, r.87, accessed 2026-10-15