This archive report was first published on 5 August 2019.
On August 5, 2019, Kenya's mobile-based sports betting industry was in the spotlight as three gaming companies, SportPesa, Betin, and 1xBet, faced a major setback. The Betting Control and Licensing Board (BCLB) had ordered Safaricom and Airtel to suspend their paybills and short codes, despite the companies having obtained a court order.
Arguing before Justice John Mativo, the companies claimed that the suspension of their paybill numbers and short codes had halted their businesses, threatening hundreds of jobs. Senior counsel Paul Muite, representing SportPesa, trading as Pevan East Africa, stated that the board's actions were arbitrary and unjust.
“Any action done in violation of a court order is a nullity. The letter (to Safaricom and Airtel) is a complete nullity because it was made in defiance of a court order,” Muite said.
Prof Githu Muigai, representing Gamcode Ltd, also known as Betin, added that the BCLB could not be allowed to act in a manner that contravened the law. Advanced Gaming, through Mbugua Ng'ang'a, emphasized that the suspension of their paybills would lead to the closure of their business if not lifted.
The board, however, argued that by ordering a status quo, the court effectively took over its mandate and “renewed the licences of the three companies.”
