Kenya court halts new gambling rules over legal challenge
The High Court of Kenya has suspended the implementation of the Gambling Control (Licensing) Regulations, 2026, temporarily stopping the country’s new licensing framework while it considers a judicial review challenging the legality of the rules. The decision, delivered by Justice W. Musyoka, pauses enforcement of the regulations until the court determines the case.
Court pauses new licensing framework
The Gambling Control (Licensing) Regulations, 2026 form part of Kenya’s wider gambling reforms introduced under the Gambling Control Act, 2025. The regulations were signed by Prime Cabinet Secretary Musalia Mudavadi on 29 June 2026, published on 30 June and came into force on 3 July. They introduced a new licensing system under the Gambling Regulatory Authority (GRA), which replaced the former Betting Control and Licensing Board.
The legal challenge was filed by Thomas Buckley Opar Owuor and Ken Brance. The respondents include Prime Cabinet Secretary Musalia Mudavadi, the Gambling Regulatory Authority and the Attorney General. The Association of Gaming Operators Kenya (AGOK) and Safaricom PLC have joined the case as interested parties.
The applicants argue that the regulations are unlawful and should not be enforced until the court reviews their validity.
Licence fees and advertising charges challenged
A key issue in the case is the sharp increase in licensing fees introduced by the regulations.
According to the court application, several licence fees have increased by between 200 per cent and almost 50,000 per cent. Land based bookmaker licence renewal fees have risen from KES 5,000 (USD $38.60) to KES 2.5 million ($19,298), while online bookmakers and casino operators must now pay KES 50 million ($385,950) for licences.
The regulations also introduce a 6 per cent approval fee on gambling advertising budgets.
The applicants argue that these changes place a significant financial burden on licensed operators and could affect businesses across the sector.
Applicants question consultation process
The court filing also challenges the process used to introduce the regulations.
The applicants claim the government did not conduct adequate public participation before finalising the rules. They argue that stakeholders were not properly consulted and that the accompanying Regulatory Impact Statement did not clearly show how public feedback was collected or considered.
The application also questions whether the statement was published for public comments and whether stakeholder submissions were documented before the regulations were adopted.
Authority to issue regulations also disputed
Another issue before the court concerns who had the legal authority to sign the regulations.
The applicants argue that the Gambling Control Act gives the responsibility for making gambling regulations to the Cabinet Secretary responsible for the gaming sector. They claim there is no constitutional or statutory provision that gives Prime Cabinet Secretary Musalia Mudavadi the power to issue the regulations.
The court will examine whether the regulations were issued under the correct legal authority as part of the judicial review proceedings.
Enforcement remains on hold
The High Court’s order also prevents the Gambling Regulatory Authority from enforcing directives requiring mobile money providers, including Safaricom and Airtel, to suspend payment services for operators that do not comply with the disputed regulations.
The applicants have been directed to file their substantive judicial review motion within 14 days. The matter will return to court on 21 September 2026 for further directions.
Until then, the Gambling Control (Licensing) Regulations, 2026 will remain suspended, leaving Kenya’s gambling licensing framework on hold while the court considers the legal challenge.
Big opportunities attract big decision-makers. From 15–17 February 2027, SiGMA Africa brings together 2,700 delegates, 700 operators, and key industry stakeholders in Cape Town. This is your moment!
