Kenya gambling petitions: Principal Judge to allocate court
AGOK’s update concerns which court will hear the challenges, not a ruling on the substantive challenges to Kenya’s gambling regulations.
Key takeaways:
- AGOK says several Kenyan gambling regulation cases have been referred to the Principal Judge.
- The court noted that related matters were pending before different courts, raising specific and constitutional challenges.
- The cases include Sharkscode and Daka Chapaa’s petition, HCCHRPET/E612/2026, and Nairobi City County’s petition, HCCHRPET/E611/2026.
- David Biketi’s petition, HCCHRPET E533/2026, was also referred to the Principal Judge, according to an earlier AGOK update.
- AGOK’s latest update does not report a ruling on the substantive challenges or establish that the separate licensing case, Judicial Review E251/2026, is included in the referral.
Kenya.- Kenya’s gambling regulation disputes have reached a new procedural stage, with related cases referred to the Principal Judge to determine which court should hear them, according to the Association of Gaming Operators Kenya (AGOK). The referral follows the court’s observation that related challenges to the Regulations are pending before different courts.
In an update published on October 22, AGOK said the matter was mentioned before Lady Justice Aburili alongside two other cases concerning the Regulations.
The cases identified in AGOK’s update include Sharkscode Limited and Daka Chapaa Limited & 1 Other v State Law Office and National Assembly & 2 Others (HCCHRPET/E612/2026) and Nairobi City County v State Law Office (HCCHRPET/E611/2026). According to the association, the court directed that the matters be placed before the Principal Judge, who will give directions on the appropriate court to hear and determine them.
AGOK’s update also addressed David Biketi’s petition, HCCHRPET E533/2026. The association said the matter and related cases had been referred to the Principal Judge following the court appearance on October 21. It added that further proceedings had been temporarily paused and that existing court orders remained in force.
The wider dispute over Kenya’s Gambling Control (Licensing) Regulations, 2026, includes Judicial Review No. E251/2026, a separate licensing case that returned to court for further directions. Brought by Thomas Buckley Opar Owuor and Ken Brance, the case challenges aspects of the regulatory framework, including increased licence fees and gambling capital requirements.
Although the proceedings concern the same regulatory framework, Judicial Review No. E251/2026 is separate from the constitutional petitions identified in AGOK’s updates, including E533, E611 and E612/2026. The latest update does not establish that the licensing case is included in the referral or that the cases have been formally consolidated.
The referral is a procedural development concerning which court should hear the constitutional petitions. AGOK’s October 22 update does not report a ruling on the substantive challenges to the Regulations.
Frequently asked questions (FAQs)
- Do existing court orders still apply while the Kenya gambling petitions are paused? AGOK said existing court orders remained in force while further proceedings were temporarily paused. This relates to David Biketi’s petition and the related cases referred after the October 21 appearance. The update as reported does not describe the content of those orders.
- Is the Kenya gambling licensing case E251/2026 part of the referral? It has not been established that it is. Judicial Review No. E251/2026, brought by Thomas Buckley Opar Owuor and Ken Brance, is separate from the constitutional petitions E533, E611 and E612/2026. The latest update does not show that the licensing case is included or that the cases have been consolidated.
