Kenya High Court allows gambling regulator to collect contested fees

The High Court of Kenya has cleared the Gambling Regulatory Authority of Kenya (GRAK) to collect licensing fees under the contested Gambling Control (Licensing) Regulations, 2026. The ruling follows an application by the regulator, which argued that a previous suspension of the fee provisions had stalled the processing of 246 pending license applications.

Justice William Musyoka noted that because the issuance of licenses is conditional upon payment, the regulator could not effectively function while the fee component was stayed. The judge observed that leaving the gaming industry unregulated during the legal dispute would not serve the public interest.

To mitigate risks, the regulator provided an undertaking that any fees collected would be refunded if the court ultimately determines that the regulations or the fees are unlawful. A challenge to the regulations remains pending, with submissions due on September 21 and a final judgment expected on October 2, 2026.