The High Court in Kenya has temporarily halted the implementation of a new framework for gambling licenses. Justice William Musyoka issued a stay order against the Gambling Control (Licensing) Regulations 2026 on Monday, following a lawsuit filed by Nairobi-based lawyer Thomas Buckley Opar Owuor and Ken Brance. Owuor previously served as the business development director at Sportpesa and currently runs the law firm Buckley Owuor & Co Advocates.
David Sarinke, a partner at McKay Advocates, indicated to iGB that this order effectively freezes the licensed gambling market in Kenya. He explained that the new regulations pertain only to entities that currently hold licenses. The lawsuit includes a constitutional argument regarding the substantial increase in capital requirements for obtaining a license. Sarinke pointed out that the final figures in the legislation surpassed the original amounts discussed during public consultation.
Public participation is defined as a national value under Article 10 of Kenya’s 2010 Constitution. Sarinke remarked, "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." He believes the case’s foundation in public participation issues may significantly influence its chances of success, given the added requirements that were not initially subjected to public consultation.
This development is seen as a significant setback for Kenya’s licensed gambling sector. The new regulations were part of the comprehensive Gambling Control Act, which stakeholders hoped would usher in a new era following years of instability. The act replaced legislation that had been in effect since 1966 and shifted regulatory authority from the Betting Control and Licensing Board to the newly formed Gambling Regulatory Authority (GRA).
Sarinke expressed concern over how this setback would affect the future of the gambling market, stating, "Really, this is a big blow, because the new law has already come into operation. 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."
With the stay order now in effect, Owuor and Brance have two weeks to file their detailed judicial review motion. In their initial application, they argue for the complete removal of the current licensing system, citing that various operators fear their ability to meet the increased financial requirements. Some companies have reportedly contemplated shutting down operations due to these changes.
The claim also emphasizes potential job losses, withdrawal of investments, and a decline in government tax revenues. After the substantive motion is submitted, stakeholders including the regulator, the government, and the Association of Gaming Operators Kenya (AGOK) will have 14 days to respond.
The High Court has scheduled the next hearing for 21 September, where further directions on how to proceed will be established. The GRA has not yet commented publicly on the court's decision. Until further notice, the interim stay will remain in effect, pausing the implementation of the new licensing regulations.
