High Court Varies, but Does Not Fully Lift, Suspension of Kenya's Gambling Control (Licensing)Regulations 2026

Picture by Leon Pascal-Unsplash

This is an update to our earlier alert concerning the Government’s application asking the High Court to discharge or, alternatively, vary its order suspending the implementation of the Gambling Control (Licensing) Regulations 2026. The blanket suspension had effectively halted implementation of the new gambling regulatory framework, including the processing of new licence applications.

On Friday, 7 August 2026, the High Court delivered its ruling on the Government’s application and varied, rather than lifted in full, its earlier suspension order.

Specifically, the Court has maintained the suspension only in relation to the implementation and enforcement of the increased statutory licence fees and gambling capital requirements introduced under the Licensing Regulations. The suspension does not extend to the remainder of the Licensing Regulations.

The Court has also directed that the issues concerning the validity of the increased statutory fees and gambling capital requirements will be determined as part of the substantive proceedings. The Court has scheduled 2 October 2026 for delivery of its final decision in the substantive case.

What this Means for Market Participants

The effect of the Court’s ruling is that the other provisions of the Licensing Regulations are now available for implementation, enforcement, operation and application. This effectively paves the way for the GRA to resume the licensing process under the new regulatory framework, including receiving and processing applications for new licences.

The principal exception is that the GRA cannot, pending final determination by the Court, implement or enforce the increased licence fees and gambling capital requirements introduced by the Licensing Regulations. In practical terms, we expect the GRA to revert to the fees and capital requirements applicable under the previous regime, although we await confirmation from the GRA on how it will operationalize the Court’s ruling.

We continue to monitor the position closely and will provide a further update once the GRA issues guidance on the practical implementation of the Court’s ruling or if there are any other material developments.

For tailored advice or assistance navigating the proposed regime, get in touch with us at sarinke@mckayadvocates.com.