Kenya gambling licensing can resume after High Court partially lifts stay order

The High Court of Kenya has partially lifted the stay order that had blocked the country’s Gambling Control (Licensing) Regulations 2026. That means the new Gambling Regulatory Authority (GRA) can restart licensing and oversight work, while higher licensing fees and capital requirements stay on ice for now.

1. Justice William Musyoka issued the original stay order in July after a legal challenge by Thomas Buckley Opar Owuor and Ken Brance. The order effectively paused Kenya’s licensed gambling sector, with the new rules applying only to authorised entities.
2. On Friday, Musyoka partially lifted the stay after the Kenyan government and the GRA asked for only the most controversial provisions to remain suspended. The regulator argued that keeping the full stay in place created a “regulatory vacuum” where unlicensed operators could function without GRA oversight.
3. With the partial lift in place, the GRA can now resume core licensing and supervisory functions: receiving and processing licence applications, conducting due diligence on operators, and carrying out anti-money laundering and consumer-protection oversight.
4. The provisions still suspended are the increased licensing fees and the gambling capital requirements for licensees. David Sarinke, partner at Kenyan law firm McKay Advocates, said the ruling means the licensing process can restart, but the court did not specify which fees should apply while the higher fees remain suspended.
5. Sarinke expects the regulator to issue guidance reverting to the fees used before the overhaul. The broader judicial review is still on the calendar: written submissions are due by 21 September, and a full judgment is scheduled for 2 October.

For PSPs and acquirers active in Kenya, the practical takeaway is simple: the licensing gate is reopening, but the fee structure remains unresolved. If you touch gambling merchants there, this is the point where application flow, onboarding policy, and risk checks start moving again — just not with every question answered yet.