High Court Suspends Kenya's Gambling Licensing Regulations

The High Court of Kenya has issued interim conservatory orders suspending the implementation of the Gambling Control (Licensing) Regulations 2026, following the filing of a constitutional petition challenging their validity. The suspension has immediate implications for all existing and prospective participants in Kenya’s gambling sector.

The petition principally challenges the Regulations on two grounds:

1. Lack of adequate public participation during the legislative process; and

2. Lack of statutory authority on the part of the Cabinet Secretary to promulgate the Regulations.

The petition also challenges certain substantive provisions of the Regulations, including the enhanced annual operating licence fees and the significantly increased capital requirements.

The conservatory orders were granted on an ex parte basis pending inter partes hearing of the application. Accordingly, the Court has not yet determined the merits of the petition, and it is therefore premature to predict the ultimate outcome of the proceedings. The matter is presently scheduled for mention on 21 September 2026, by which date the respondents are expected to have filed their responses.

Immediate Practical Implications

In practical terms, the suspension of the Licensing Regulations means that the Gambling Regulatory Authority (the GRA) presently lacks the subsidiary legislative framework necessary to implement the new licensing regime established under the Gambling Control Act 2025. We therefore expect the current licensing process, including the transitional 60-day application window announced by the GRA, to remain in abeyance pending further directions of the Court.

Importantly, the proceedings do not challenge the Gambling Control Act 2025 itself, but rather the subsidiary legislation made under it. Consequently, the statutory licensing framework established by the new legislation, including the expansion of the licencing to include other players like B2B providers, key gambling staff and other regulated persons to obtain the appropriate licences, remains in force. However, the detailed licensing procedures and requirements contained in the suspended Regulations cannot presently be implemented.

Looking Ahead

Should the court ultimately declare the Regulations invalid, the most likely consequence would be that the Government would be required to restate the process of promulgation of the new Regulations, including subjecting them to robust public participation. This process is likely to take several months.

In the meantime, market participants should continue monitoring developments closely and remain prepared to respond promptly should the Regulations be reinstated or replacement Regulations be issued. Those that had already commenced preparations for compliance under the new regime should continue with internal planning and commercial readiness, as it is likely that the GRA will introduce a fresh transitional licensing window once the legal position is clarified.

We will continue to monitor these developments closely and will provide further updates as the matter progresses.

This article is for informational purposes only and does not constitute legal advice. For tailored advice, please reach out to us directly at

.