This archive report was first published on 5 August 2019.
On August 5, 2019, three gaming companies - SportPesa, Betin, and 1xBet - urged the High Court to lift the suspension of their paybill numbers, which they claimed had halted their businesses despite meeting all the necessary requirements.
Arguing before Justice John Mativo, the companies' lawyers argued that the Betting Control and Licensing Board (BCLB) had acted arbitrarily in ordering Safaricom and Airtel to suspend their paybills and short codes, despite obtaining a court order.
Senior Counsel Paul Muite, representing SportPesa, stated that any action taken in violation of a court order is null and void. He added that the BCLB's actions were a complete nullity, as they were made in defiance of a court order.
Prof Githu Muigai, representing Gamcode Ltd (Betin), emphasized that the BCLB cannot act in a manner that it deems fit and in contravention of the law. He stated that the board is under a duty to observe the law.
Advanced Gaming, represented by Mbugua Ng'ang'a, warned that the suspension of their paybill numbers would lead to the closure of their business, as they had invested heavily.
In response, the BCLB argued that the court's order effectively renewed the licenses of the three companies. However, Safaricom, which had been named as an interested party, stated that it had acted to safeguard the public's interest and should not be forced to break the law by allowing unlicensed operators to continue without valid licenses.
The case is set to be heard on September 19, 2019, with orders maintaining the status quo remaining in force.
