Kenya’s regulated gaming sector is moving toward renewed licensing activity after the High Court partially lifted orders that had suspended the implementation of the country’s 2026 licensing regulations.

The ruling allows the Gambling Regulatory Authority (GRA) to resume key administrative and regulatory functions, including receiving and processing licence applications, conducting due diligence on applicants, and carrying out oversight related to anti-money laundering and consumer protection.

The regulations had previously been suspended following a legal challenge. The Kenyan government and the GRA subsequently sought to narrow the scope of the suspension, arguing that preventing the authority from performing its core functions could create a regulatory gap and weaken oversight of the market.

Under the latest decision, most regulatory activities can now proceed. However, two significant elements of the new framework remain on hold: substantially higher licensing fees and new minimum capital requirements for operators.

The proposed framework would significantly increase the financial requirements for companies seeking to operate in Kenya’s regulated online gaming market. Under the new rules, the application fee for an online operator licence would rise to KES 5 million, while the licence fee would reach KES 50 million. Certain online gaming operators would also be required to maintain capital of KES 100 million.

These financial requirements have become a central issue in the legal challenge. According to the petition cited in the case, some licensing fees under the new framework represent increases ranging from 200% to 49,900% compared with previous levels.

For operators, the latest ruling provides greater short-term regulatory certainty by allowing licensing procedures and oversight activities to restart. However, uncertainty remains over the eventual cost of entering and operating in the Kenyan market while the higher fee structure and capital requirements remain under judicial review.

Written submissions in the case are due by 21 September, while the High Court is expected to issue its substantive judgment on 2 October.

The final outcome could play an important role in shaping Kenya’s future regulatory framework, particularly the financial and licensing requirements companies will need to meet when entering the country’s regulated gaming market.