Key Moments:
- The Association of Gaming Operators Kenya has raised concerns about warnings sent via Safaricom regarding Paybill closures on September 24.
- Court proceedings on September 21 reviewed the status quo order and set a response schedule for ongoing litigation about the gambling licensing framework.
- The High Court’s final ruling on the Gambling Control (Licensing) Regulations, 2026, is scheduled for October 2, 2026.
Legal Dispute Intensifies Over Regulatory Actions
The Association of Gaming Operators Kenya (AGOK) has expressed alarm regarding messages reportedly relayed through Safaricom by the regulatory authority. These messages have threatened to disable gambling operators’ Paybill accounts on September 24.
During court proceedings held on September 21 for Judicial Review E251 of 2026, this issue was brought before the court. The case specifically addresses challenges to the revised gambling licensing framework implemented in Kenya.
Court Proceedings and Timetable
AGOK highlighted that the court acknowledged ongoing status quo orders, stating their purpose is to prevent such regulatory threats or negative actions. The court further recommended that the regulator rely on its legal counsel for guidance in response to these concerns.
Issues regarding procedural filings were also discussed. Legal counsel representing the petitioner indicated that the respondents had not yet provided their reply to the substantive motion, leaving the petitioner’s main arguments unaddressed. The court mandated that the respondents submit their response within three days, enabling the petitioner to file a supplementary affidavit if necessary within the following three days. Afterward, the respondents would have an additional three days to submit their final arguments. The court confirmed that it will deliver its ruling on October 2, 2026, as reported by Focus Gaming News.
| Legal Step | Involved Parties | Timeframe |
|---|---|---|
| Respondents file response | Respondents | Within 3 days |
| Supplementary affidavit (if needed) | Petitioner | Next 3 days |
| Respondents submit submissions | Respondents | Final 3 days |
| Court delivers ruling | High Court | October 2, 2026 |
Scope of the Challenge to Gambling Regulations
The current court battle surpasses the immediate Paybill dispute, targeting Kenya’s comprehensive gambling regulatory changes. The September 21 session forms part of a broad-based objection to the Gambling Control (Licensing) Regulations, 2026, initiated by Thomas Buckley Opar Owuor and Ken Brance against the Prime Cabinet Secretary, the Gambling Regulatory Authority of Kenya, and the Attorney General. Safaricom and AGOK are included as interested parties due to their involvement in payment facilitation.
Key Regulatory Issues at Stake
The main point of contention centers on the Gambling Control (Licensing) Regulations, 2026, specifically the legality of new license fee structures and mandatory capital requirements. The High Court originally froze all regulations in July, later limiting this freeze in August so that only fee increases and capital requirements were paused, with other regulatory provisions continuing and the regulator still authorized to process license applications throughout the proceedings.
The disagreement regarding Paybill accounts is directly linked to these legal reforms. Under regulations introduced in 2026, payment service providers must receive regulatory approval before handling gambling-related transactions, subjecting mobile-money platforms to stricter oversight.
Awaiting the Court’s Decision
With a ruling expected on October 2, 2026, the court’s verdict will play a decisive role in shaping the extent to which Kenya’s gambling regulatory reforms are enforced and how the industry’s payment operations must adapt.
- Author
Daniel Williams
