Kenya's High Court has suspended the new gambling licensing framework, bringing the market to a standstill. Justice William Musyoka granted the interim order halting enforcement of the Gambling Control (Licensing) Regulations 2026 following a petition by Thomas Buckley Opar Owuor and Ken Brance. Owuor is a Nairobi advocate and former business development director at Sportpesa.
The core argument is constitutional breach. Final capital requirements for licensees were higher than those put forward for public consultation. Article 10 of Kenya's 2010 constitution names public participation in decision-making a national governance principle. David Sarinke, partner at McKay Advocates, said the argument carries weight: 'After publication, they added aspects that did not go through public participation.' Courts typically suspend enforcement when constitutional grounds are raised.
The new regulations were meant to relaunch the market after years of disorder. The Gambling Control Act replaced legislation from 1966, shifting oversight from the Betting Control and Licensing Board to a new regulator, the Gambling Regulatory Authority. That licensing system is now frozen. Sarinke called it 'a significant setback', with progress delayed by months.
Owuor and Brance want the framework scrapped entirely. Their petition claims 'many operators' cannot meet the new fees financially, and some are considering closure. At stake are thousands of jobs, fleeing investment and falling tax receipts. Petitioners have 14 days to file their substantive motion, then the regulator, government and Association of Gaming Operators Kenya have another 14 to respond. The hearing is set for 21 September. Until the court decides, the moratorium holds.
