Kenya High Court Delays Ruling in Gambling Licensing Challenge Until Further Directions

Kenya’s gambling industry will have to wait longer for clarity over controversial new licensing fees and capital requirements after the High Court failed to deliver its expected October 2 judgment and scheduled the case for further directions on October 12.

Kenya’s High Court has postponed a key decision in the legal challenge to the country’s Gambling Control (Licensing) Regulations, 2026, extending uncertainty for operators affected by the new licensing framework.

Judgment in Judicial Review No. E251 of 2026 had been scheduled for October 2. However, according to the Association of Gaming Operators Kenya (AGOK), no judgment was delivered. The court instead gave the third, fourth and fifth interested parties additional time to respond and scheduled the matter for mention on October 12.

State Counsel was also given additional time to examine related constitutional petitions involving David Biketi and Sharkscode and assess whether they could affect the current proceedings.

The case, brought by Thomas Buckley Opar Owuor and Ken Brance, challenges elements of the new licensing regulations, particularly the higher licence fees contained in the Second Schedule and minimum gambling capital requirements in the Third Schedule.

The High Court initially suspended the entire regulatory framework in July. On August 7, that stay was narrowed so that only the disputed fee increases and gambling capital requirements remained suspended, allowing the rest of the regulations to operate.

A further ruling on August 21 allowed the Gambling Regulatory Authority to continue processing applications and collecting the disputed fees, but prevented enforcement of those payments while the case remains unresolved. Any amounts found unlawful by the court would have to be refunded.

The regulations introduce substantial financial requirements for operators. For example, an online bookmaker or online casino faces a KES50 million licence fee, alongside additional application and operating charges and minimum capital requirements.

The October 12 hearing will therefore be closely watched by operators preparing licensing and renewal plans. Rather than providing the expected clarity at the beginning of October, the case has entered another procedural stage, leaving some of the most commercially significant elements of Kenya’s new gambling regime unresolved.