Kenya High Court Suspends New Gambling Licensing Framework

The High Court of Kenya has effectively suspended the market’s new gambling licensing framework.

On Monday, Justice William Musyoka signed a stay order against the Gambling Control (Licensing) Regulations 2026, after a case was filed by Thomas Buckley Opar Owuor and Ken Brance. Owuor operates the Buckley Owuor & Co Advocates law firm based in Nairobi County. Previously he spent almost three years as Sportpesa’s business development director.

David Sarinke, partner at Kenyan law firm McKay Advocates, tells iGB the order effectively puts Kenya’s licensed gambling market on hold, because the new regulations applied only to licensed entities.

Sarinke says the case, and subsequent stay order, includes a constitutional argument, stemming from the heavily increased capital requirements for licensees.

The act replaced previous legislation dating back to 1966, while oversight of the sector was transferred from the Betting Control and Licensing Board to the newly established Gambling Regulatory Authority (GRA).

But with this new obstacle, Sarinke has concerns about the timeline for when exactly Kenya’s licensed gambling sector will be able to make progress.

“Really, this is a big blow, because the new law has already come into operation,” Sarinke continues.

“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 in place, Owuor and Brance have 14 days to file their substantive judicial review motion.

In their initial application, the parties outlined their desire to see the current licensing regime scrapped entirety.

They claimed that “numerous operators” had expressed concerns over their ability to comply financially with the increased fees included in the new regulations, with some even contemplating closure.