The Kenya High Court has put a halt to the newly established gambling licensing framework. On Monday, Justice William Musyoka issued a stay order on the Gambling Control (Licensing) Regulations 2026, following a legal challenge brought by Thomas Buckley Opar Owuor and Ken Brance. Owuor, who leads the Buckley Owuor & Co Advocates law firm in Nairobi County, previously served as the business development director at Sportpesa for nearly three years.
David Sarinke, a partner at McKay Advocates in Kenya, explained that the court's order effectively suspends the operations of the licensed gambling market in the country, as the new regulations were specifically designed for licensed operators. Sarinke highlighted that the case included constitutional elements that raised concerns over the significant increase in financial requirements for licensees, which exceeded the initial figures that were made public during the consultation process.
Under Article 10 of Kenya’s 2010 Constitution, public participation is regarded as a vital principle in governance. Sarinke stated, "As soon as you have filed a case to object to a law coming into operation, then the court normally provides orders to halt any implementation, especially if the grounds are based on constitutional principles."
He noted that the constitutional argument regarding public participation could greatly impact the outcome of the case, with the applicants asserting that aspects of the legislation were modified post-publication without proper public engagement.
This setback poses a significant challenge for licensed gambling in Kenya. The new regulations, introduced alongside the Gambling Control Act — a landmark reform that replaced outdated laws from 1966 — were initially well-received by stakeholders who viewed them as a step toward stabilizing the sector. The act also transferred regulatory authority from the Betting Control and Licensing Board to the newly formed Gambling Regulatory Authority (GRA).
Sarinke expressed concerns about the timeline for progress in the licensed gambling sector, describing the situation as a major blow as the new law was already operational. He predicted that without a licensing framework, further developments could be delayed for several months.
Following the stay order, Owuor and Brance have a two-week period to submit a full judicial review motion, during which they seek to abolish the current licensing regime entirely. In their application, they allege that many operators are struggling to meet the heightened financial requirements imposed by the new regulations and some may even consider shutting down. They argue this could jeopardize thousands of jobs, lead to reductions in investment, and ultimately result in decreased tax revenue for the government.
Once the substantive motion is filed, other stakeholders, including the GRA, the government, and the Association of Gaming Operators Kenya (AGOK), will have 14 days to respond. The case is scheduled for directions on how to proceed on September 21. The GRA has not issued any comments regarding the recent ruling. The interim stay will remain effective until the court provides further instructions, thus preventing the implementation of the new licensing regulations.
