Kenya collects disputed gambling licence fees while the High Court case drags on
Kenya's new gambling licence fees are under High Court challenge, but a 21 August 2026 ruling let the regulator collect them on a promise to refund anything later found unlawful. A reported 2 October judgment date passed without a decision and the case returned to court on 12 October.
South African players do not use Kenyan licences, but this case shows how an African regulator is trying to set fees and capital rules for a fast-growing betting market, and how courts can slow that down. Operators that serve several African countries watch these fights closely, because the costs of licensing in one market tend to shape where they choose to operate. It also reminds South African readers that a licence is only as stable as the rules behind it.
What the court has decided so far
Kenya's Gambling Control (Licensing) Regulations, 2026 came into force on 29 June 2026. A challenge was filed in the High Court at Nairobi on 16 July, in Judicial Review E251 of 2026, and on 20 July the court paused the regulations. On 7 August the judge narrowed that pause so it covered only the increased licence fees (the Second Schedule) and the gambling capital requirements (the Third Schedule), leaving the rest of the rules in place.
The regulator then said it could not process licence applications without the fees. It told the court that 246 applications were waiting.
The 21 August ruling
On 21 August 2026 Justice W. Musyoka allowed the regulator to take the new fees while the case continues. The regulator had undertaken to refund any money the court later found to be unlawful, excessive or wrongly collected. The judge reasoned that the new Gaming Control Act, which replaced the old Betting, Lotteries and Gaming Act, has no transitional provision for licence fees, so leaving the sector without a working licensing framework would not serve the public interest.
The people challenging the fees argued that a refund would not undo the harm to smaller operators, who might be unable to pay, abandon their applications or cut jobs. The judge did not accept that this should block licensing in the meantime.
What happened next
According to trade outlet iGaming Afrika, a final judgment expected on 2 October 2026 did not arrive, and the file was set to be mentioned again on 12 October. We could not confirm from the court record what was decided on 12 October, so the fee question should be treated as still open.
What it means for South African readers
Nothing here changes how South African players are treated under local law. The practical lesson is about stability: when a regulator and the courts disagree about fees, operators face uncertainty, and that can affect which markets they stay in or leave. If you play with a site that is licensed elsewhere in Africa, check the casino reviews for what has and has not been verified, and remember that a foreign licence does not make a site licensed in South Africa.
What to watch next
- Whether the High Court rules on the legality of the new fees and capital rules.
- Whether any fees already paid are refunded if the rules are struck down.
- How many of the 246 pending applications are approved.