Kenya court delays ruling on gambling licence fees and capital requirements

By Miguel Sandoval, Regulatory Correspondent.

The High Court of Kenya did not deliver the ruling scheduled for 2 October 2026 in the challenge to the Gambling Control (Licensing) Regulations, 2026. Judicial Review No. E251 of 2026 has been listed for mention on Monday 12 October 2026, when the court will give further directions; until then operators lack certainty over whether the substantially increased fees and capital requirements will remain in force.

Case status and next steps

The judicial review was brought by Thomas Buckley Opar Owuor and Ken Brance against the Prime Cabinet Secretary, the Gambling Regulatory Authority of Kenya (GRA) and the Attorney General. The High Court had originally fixed 2 October 2026 to hand down judgment, but no pronouncement was made that day.

At the mention set for 12 October the court will give "further directions." The Association of Gaming Operators Kenya (AGOK) announced the update and said the court granted additional time for interested third parties numbered 3, 4 and 5 to file their responses. State Counsel was also granted time to review two related constitutional petitions filed by David Biketi and by Sharkscode and to assess their potential implications for the proceedings.

Judge W. Musyoka granted the applicants permission to apply for judicial review on 20 July 2026 and ordered that the permission operate as an interim injunction, which suspended certain provisions of the regulations. Subsequently the court narrowed the injunction to cover only the fee increases in the Second Schedule and the capital requirements in the Third Schedule. The remainder of the regulatory provisions remains in force.

What the applicants challenge and specific figures

The applicants contend that the Gambling Control (Licensing) Regulations, 2026 were adopted without sufficient public participation and that the Prime Cabinet Secretary lacked statutory authority to sign them under the Gambling Control Act, 2025. The dispute is focused on the economic impact:

• The renewal fee for a licensed retail bookmaker rose from KES 5,000 to KES 2.5m.

• Online bookmaker and online casino licences were set at KES 50m.

• Online lottery licences were set at KES 20m.

• The applicants allege increases ranging from 200% to 49,900%.

They also challenge the capital requirements listed in the Third Schedule of the regulations.

How the measures affect operations and compliance

The GRA opened a licensing cycle under the regulations when they came into force in early July 2026. The original injunction temporarily halted enforcement of the disputed fees and capital requirements. In a later order the court authorised the use of the contested fees for licensing purposes but not their enforcement while litigation continues; if the challenge succeeds, those sums would have to be returned.

The 7 August order limited the suspension to the specified economic items, allowing other regulatory obligations — application procedures, licence categories, technical standards, renewal requirements and compliance duties — to continue to apply. This means anti-money laundering controls, consumer protection, segregation of player funds and data protection may continue to be enforced by the Gambling Regulatory Authority of Kenya.

For operators accepting players in Kenya the practical tension is strictly financial: the operating framework, technical requirements and compliance duties remain active, but the scale of the entry cost and the capital thresholds could change depending on the court’s final decision. Concerned operators can consult our [analysis by country](/news) or the [regulation](/regulation) section for guidance on compliance in African markets.

Intervenors and interested parties

The record lists the Association of Gaming Operators Kenya (AGOK) and Safaricom as interested parties. The proceedings also involve consideration of two related petitions filed by David Biketi and by Sharkscode, which the court asked to be assessed for any impact on the main process.

The parties filed written submissions by the deadline of 21 September 2026. The court retained the 2 October date for judgment after hearings that focused on concerns raised by AGOK about communications linked to operators' Paybills.

What happens next and signals for the market

The mention hearing on 12 October 2026 will define the next procedural timetable and whether the court will set a new date for judgment. No fresh judgment date had been announced at the time of this report.

For the local betting market the outcome will determine whether the fee hikes and capital requirements are implemented permanently. While litigation remains open, player protections included elsewhere in the regulations remain in force and may be enforced by the Gambling Regulatory Authority of Kenya.

Trade press has followed the case; Focus Gaming News initially reported the update before AGOK's statement. We will continue to report as the court issues further directions at the 12 October mention.

"State Counsel was also granted time to review the related David Biketi and Sharkscode constitutional petitions and their potential implications for the proceedings," said AGOK's statement, citing the court order.