Update on the Suspension of Kenya's Gambling Control (Licensing) Regulations 2026

On 29 July 2026, the High Court issued directions on an urgent application by the Government of Kenya seeking to discharge or vary the court orders that suspended the implementation of the Gambling Control (Licensing) Regulations 2026. This follows our earlier alert reporting that the Court had suspended the Licensing Regulations pending the determination of a suit challenging their validity on the grounds, among others, of inadequate public participation during the legislative process and the alleged lack of statutory authority on the part of the Cabinet Secretary to promulgate them.

Photo by Alexander Sechenov on Unsplash

Through the Attorney-General, the Government argues that suspending the entire Licensing Regulations has created a regulatory gap that prevents the GRA from effectively carrying out its mandate. According to the Government, the suspension limits the GRA’s ability to regulate the gambling industry, protect consumers and vulnerable persons, oversee licensed operators, safeguard the integrity of gambling and payment systems, and take action against illegal or unlicensed gambling activities.

In support, the Government has adduced substantial documentary record which it says demonstrates that adequate public participation was undertaken and that the Cabinet Secretary possessed the requisite statutory authority to promulgate the Regulations.

The Government has asked the Court to lift the suspension in full so that they can take effect again while the case is being heard. If the Court is not prepared to do so, the Government has requested that the GRA at least be allowed to resume certain regulatory and administrative functions, including receiving and processing licence applications, pending the final determination of the case. The Government has also asked the Court to hear and determine the case on an expedited basis.

The Court certified the Government's application as urgent and directed the parties to file their responses. Rather than determining the application immediately, the Court scheduled its ruling for 7 August 2026, significantly bringing forward the date from the earlier scheduled date of 21 September 2026.

What Happens Next?

If the Court grants the Government's application, the Licensing Regulations could come back into effect, allowing the GRA to resume implementation of the new licensing framework. The Court may, however, decide to keep certain provisions, such as those relating to licence fees and minimum capital requirements, temporarily suspended while the main case continues.

Alternatively, the Court may permit the GRA to resume limited regulatory activities, including receiving and processing licence applications, while leaving the broader suspension of the Regulations in place.

The Court’s ruling on 7 August 2026 will therefore be important in determining the immediate direction of Kenya’s gambling licensing regime. However, it will not finally determine the validity of the Licensing Regulations, as the substantive constitutional challenge will continue to be heard separately.

We are monitoring the proceedings closely and will issue a further update following the Court’s ruling.

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