The High Court of Kenya has suspended the new gambling licensing framework, halting its implementation. Justice William Musyoka signed a stay order on Monday against the Gambling Control (Licensing) Regulations 2026, following a suit filed by Thomas Buckley Opar Owuor and Ken Brance.
David Sarinke, a partner at McKay Advocates, indicated this order effectively freezes Kenya's licensed gambling market because the new regulations pertain only to licensed operators. The case, along with the stay order, raises constitutional concerns, particularly regarding the significantly increased capital requirements for licensees.
Sarinke noted that the final requirements in the legislation exceeded the original figures presented during public consultation. This violates Article 10 of Kenya’s 2010 Constitution, which emphasizes public participation as a key governance principle.
The attorney explained, "When a case is filed to challenge a law, the court typically grants orders to halt its implementation, especially based on constitutional grounds.” He highlighted the constitutional principle of public participation as a crucial factor that could influence the outcome of the case, as the new regulations introduced elements that were not open for public discussion.
The new regulations, which accompany the Gambling Control Act, were seen by various stakeholders as ushering in a new era for Kenya after years of instability in the gambling sector. This landmark act replaced legislation that dated back to 1966 and shifted oversight from the Betting Control and Licensing Board to the newly formed Gambling Regulatory Authority (GRA).
However, Sarinke expressed concerns about the timeline for advancements in Kenya’s licensed gambling sector, stating, "This is a big blow because the new law has already come into effect. Now we lack a licensing framework, which could delay progress for months."
Currently, Owuor and Brance have 14 days to submit their detailed judicial review motion. They have called for the existing licensing regime to be entirely scrapped, citing concerns from numerous operators who are worried about their ability to meet the new financial requirements. Some businesses are even considering closure due to these increased fees, raising fears about job losses, investment withdrawals, and a potential drop in government tax revenue.
Thomas Buckley Opar Owuor is a lawyer operating Buckley Owuor & Co. Advocates in Nairobi County and has previously served as Sportpesa's business development director for nearly three years. Once their substantive motion is filed, relevant parties, including the regulator, government bodies, and the Association of Gaming Operators Kenya (AGOK), will have 14 days to respond.
The Gambling Regulatory Authority has not yet issued a statement regarding the High Court's ruling. The case is scheduled for further directions before the High Court on September 21. The interim stay prohibits the enforcement of the licensing regulations until otherwise determined by the court.
