Kenya High Court Blocks New Gambling Licensing Regulations

The High Court of Kenya has issued a stay order suspending the Gambling Control (Licensing) Regulations 2026, effectively freezing the country's new licensing framework for gambling operators. Justice William Musyoka signed the order on Monday after a case was brought by Thomas Buckley Opar Owuor and Ken Brance.

The legal challenge centers on a constitutional argument under Article 10 of Kenya's 2010 Constitution, which mandates public participation as a core governance principle. David Sarinke, partner at Kenyan law firm McKay Advocates, explained that the final capital requirements in the regulations were higher than those originally presented during public consultation, potentially violating that constitutional provision.

Sarinke described the ruling as a "big blow" for Kenya's licensed gambling sector, noting that while the broader Gambling Control Act has already taken effect, the licensing regulations are now stalled. This uncertainty leaves operators in limbo, as the new rules apply exclusively to licensed entities.

The plaintiffs now have 14 days to file their substantive judicial review motion. In their initial application, they argued that numerous operators cannot meet the increased fees and may be forced to close, risking thousands of jobs and reduced government tax revenue. Once the motion is filed, stakeholders such as the Gambling Regulatory Authority and the Association of Gaming Operators Kenya will have a further 14 days to respond.

The Gambling Regulatory Authority has not yet commented publicly. The case is scheduled for a directions hearing on 21 September, and the interim stay will remain in force until the court orders otherwise.