Kenya Gambling Dispute Enters New Phase as High Court Refers Cases to Principal Judge

Kenya's ongoing gambling regulation dispute has reached a new procedural stage after the High Court referred several related constitutional challenges to the Principal Judge, delaying a final decision on contested licensing rules and financial requirements.

Kenya's gambling industry faces continued regulatory uncertainty after the High Court ordered three related constitutional petitions to be referred to the Principal Judge for directions on which court should hear the disputes.

In a ruling delivered on October 21, 2026, Justice Roselyne Aburili suspended proceedings in petitions E533, E611 and E612 of 2026, pending administrative directions on their allocation.

The cases challenge provisions of the Gambling Control Act, 2025, and the Gambling Control (Licensing) Regulations, 2026. They involve disputes over increased licensing fees, minimum capital requirements and the constitutionality of parts of the new regulatory framework.

The court noted that similar proceedings were already pending before the Judicial Review Division in Nairobi and the High Court in Kiambu. Justice Aburili warned that allowing different courts to handle overlapping disputes could produce inconsistent or conflicting judgments.

The Principal Judge must now determine whether the cases should be heard by the Constitutional and Human Rights Division, the Judicial Review Division or another appropriate court.

The development follows earlier legal challenges to substantial increases in gambling licensing costs. Under the contested regulations, online bookmakers face licensing fees of KES 50 million, compared with KES 200,000 under the previous framework.

In August, the High Court restricted an earlier suspension to the increased fees and capital requirements, while allowing other regulatory provisions to operate.

The latest decision does not determine whether the challenged legislation is lawful. Instead, it addresses how the related proceedings should be organised.

For gambling operators and prospective investors, the continuing litigation prolongs uncertainty over licensing costs and compliance obligations. The Principal Judge's forthcoming directions will determine the next procedural steps before the courts can resolve the substantive regulatory disputes.