TLDR
- Kenya’s High Court has suspended the country’s new gambling licensing regulations.
- The stay order follows a legal challenge over capital requirement changes in the rules.
- Petitioners say the final requirements were never put through public consultation.
- The ruling puts Kenya’s licensed gambling market on hold.
- A court hearing on the case is scheduled for September 21.
Kenya’s High Court has suspended the country’s new gambling licensing framework. The order came from Justice William Musyoka on Monday.
The stay targets the Gambling Control (Licensing) Regulations 2026. It followed a case filed by Thomas Buckley Opar Owuor and Ken Brance.
Owuor runs a law firm in Nairobi County. He previously spent close to three years as Sportpesa’s business development director.
David Sarinke, a partner at Kenyan law firm McKay Advocates, told iGB the order effectively pauses the licensed gambling market. He said this is because the new rules only applied to licensed operators.
Sarinke explained that the case includes a constitutional argument. It centers on the higher capital requirements placed on licensees.
He said the final figures in the legislation were higher than the numbers shared during public consultation. Kenya’s 2010 Constitution lists public participation as a core principle of governance.
“As soon as you have filed a case to object to a law coming into operation, then the court normally gives you orders to stop any implementation, especially if your grounding is based on some constitutional principles,” Sarinke said.
Impact On Licensed Gambling In Kenya
The new regulations were part of the wider Gambling Control Act. Stakeholders had described the law as a fresh start after years of instability in the sector.
The act replaced older legislation dating back to 1966. It also shifted oversight from the Betting Control and Licensing Board to the new Gambling Regulatory Authority.
Sarinke said the ruling creates uncertainty around timing. He called it a setback for the sector.
“Really, this is a big blow, because the new law has already come into operation,” Sarinke said. “Now we are lacking a licensing framework, and depending on how long it will take, it’s going to be a few more months to sort of move forward.”
What Happens Next
Owuor and Brance now have 14 days to file their full judicial review motion. Their original filing asked the court to scrap the licensing regime entirely.
The petitioners claimed operators had raised concerns about affording the higher fees. Some were reportedly considering closing down.
They also argued the changes could put jobs, investment and government tax revenue at risk. Once the full motion is filed, the regulator, government and the Association of Gaming Operators Kenya will have 14 days to respond.
The case is set to appear before the High Court on September 21 for directions on next steps. The Gambling Regulatory Authority has not yet issued a public comment on the ruling.
Until the court says otherwise, the stay order remains in force. This means the licensing regulations cannot be implemented for now.
