Kenya High Court delays judgment on 2026 gambling licence fees case

The High Court did not deliver the judgment scheduled for 2 October 2026 in Judicial Review No. E251 of 2026, which challenges the Gambling Control (Licensing) Regulations, 2026. The matter is listed for a mention on Monday, 12 October 2026 for further directions. Until the court issues a final ruling, operators remain uncertain whether the substantially higher licence fees and the capital requirements in the regulations will be upheld.

What the court delay means for the Kenya gambling licence fees case

The applicants in Judicial Review No. E251 of 2026 — Thomas Buckley Opar Owuor and Ken Brance — are contesting the regulations introduced under the Gambling Control Act, 2025. The challenge names the Prime Cabinet Secretary, the Gambling Regulatory Authority of Kenya, and the Attorney General as respondents. Association of Gaming Operators Kenya and Safaricom are recorded as Interested Parties.

The High Court hearing had been expected to produce a written judgment on 2 October 2026. No judgment was given that day and the judge set a mention for 12 October 2026 to give further directions. The Association of Gaming Operators Kenya issued a statement reporting the procedural update, noting that the court gave the third, fourth and fifth Interested Parties additional time to respond.

The court also granted time for State Counsel to review two related constitutional petitions brought by David Biketi and Sharkscode and to consider their potential implications for the judicial review. The court's exact directions at the 12 October mention will determine the next steps in the case.

The contested provisions: fees and capital requirements

The judicial review targets the financial elements of the Gambling Control (Licensing) Regulations, 2026. The applicants contend that the regulation increases range from 200% to 49,900% compared with previous fees. Examples cited in the regulations include:

• renewal fee for a land-based bookmaker rising from KES5,000 to KES2,500,000;

• online bookmaker and online casino licences set at KES50,000,000;

• online lottery licences set at KES20,000,000.

The case also challenges the gambling capital requirements set out in the Third Schedule of the regulations. Those capital thresholds form part of the applicants' claim that the measures were adopted without sufficient public participation and that the Prime Cabinet Secretary lacked the statutory authority to sign the regulations under the Gambling Control Act, 2025.

Procedural history and interlocutory orders

The Gambling Control (Licensing) Regulations, 2026 took effect in early July 2026 and the Gambling Regulatory Authority of Kenya opened a licensing cycle under the new rules. On 20 July 2026, Justice W. Musyoka granted the applicants leave to apply for judicial review and ordered that the leave would act as a stay, placing the regulations on hold.

Respondents applied to vary that stay. On 7 August 2026 the judge narrowed the stay so that it covered only the fee increases in the Second Schedule and the capital requirements in the Third Schedule. The rest of the regulations remain enforceable. A subsequent ruling permitted the disputed fees to be used for licensing administration but made clear they cannot be enforced while the judicial review is pending; if the court later finds the fees unlawful they would have to be refunded.

The parties were directed to file written submissions by 21 September 2026. The 2 October 2026 date for handing down judgment was maintained despite concerns raised by the Association of Gaming Operators Kenya about alleged communications relating to operators’ Paybills. The court then allowed extra time for some Interested Parties and State Counsel, producing the present 12 October mention.

How the pause affects operators and players in Kenya

Most elements of the 2026 licensing framework are already in force. Application procedures, licence categories, technical standards, renewal requirements and compliance duties remain operational. The stay specifically suspends enforcement only of the Second Schedule fee increases and the Third Schedule capital requirements.

If the applicants lose the judicial review, the disputed fee levels and capital thresholds could be reinstated in full. If the applicants succeed, the fees and capital requirements subject to the stay would be invalidated and any sums already taken under those provisions would be refundable in line with the court’s order.

Protections for players are not paused by the stay. Anti-money laundering controls, consumer protection measures, player fund segregation and data protection provisions remain enforceable by the Gambling Regulatory Authority of Kenya while the fees-and-capital aspects of the regulations are litigated.

Next steps and what operators should monitor

The court will give further directions at the mention scheduled for 12 October 2026. No new judgment date has been announced. Operators that accept Kenyan customers should track the 12 October mention and the written orders that follow. For operators needing practical guidance on compliance with the wider 2026 regime, consult the Kenya licensing and compliance materials in our regulation section and commercial considerations in the b2b guide.

The Association of Gaming Operators Kenya provided the primary update on the procedural timetable; the original procedural reporting was first noted by Focus Gaming News. I will report any substantive court orders arising from the 12 October mention as they become available.

Eleanor Whitfield Regulatory Affairs Correspondent