Kenya’s gambling regulator can resume processing licence applications after the High Court partially lifted an order suspending the country’s new licensing framework.
The Gambling Regulatory Authority can again receive and assess applications, conduct operator due diligence and carry out anti-money laundering and consumer protection oversight.
Higher licensing fees and new minimum capital requirements remain suspended while the court considers a wider challenge to the Gambling Control (Licensing) Regulations 2026.
Justice William Musyoka initially suspended the regulations in July following a legal challenge brought by Thomas Buckley Opar Owuor and Ken Brance.
The Gambling Regulatory Authority subsequently argued that the complete suspension had created a regulatory vacuum in which unlicensed operators could operate without effective oversight.
Musyoka partially lifted the stay after the government and regulator requested that only the disputed financial provisions remain suspended.
The ruling leaves uncertainty over the fees that should apply while the case continues.
Under the disputed regulations, the application fee for an online bookmaker licence increased to KES5m (US$38,500), while the licence itself costs KES50m ($385,000) and covers a three-year period.
Online bookmakers and iGaming operators would also be required to maintain minimum capital of KES100m ($770,000).
David Sarinke, partner at Kenyan law firm McKay Advocates, said: “We expect the regulator basically to give some kind of guidance as to their understanding, but obviously I will expect that they will reopen applications for licences, and then they will have to guide us to which fees will now be applicable.”
The regulations form part of a wider overhaul of Kenya’s gambling framework that replaced the former Betting Control and Licensing Board with the Gambling Regulatory Authority.
The judicial review will continue, with written submissions due by September 21 and judgment scheduled for October 2.
The court will determine whether the suspended licensing fees and capital requirements can ultimately be enforced.
