This archive report was first published on 6 August 2019.
On Monday, three gaming companies appeared before the High Court, seeking to have their paybill numbers reinstated. The companies, SportPesa, Betin, and 1xBet, argued that the suspension of their paybill numbers and short codes had halted their businesses, despite meeting all the requirements.
According to Senior Counsel Paul Muite, representing SportPesa, the Betting Control and Licensing Board (BCLB) had ordered Safaricom and Airtel to suspend their paybills and short codes, despite obtaining a court order. Muite described the BCLB's actions as arbitrary and unjust, stating, “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.”
Prof Githu Muigai, representing Gamcode Ltd (Betin), emphasized that the BCLB cannot act in a manner that contravenes the law. He stated, “The board is under 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, citing significant investments made.
In response, the BCLB argued that the court's order to maintain the status quo effectively took over its mandate and renewed the licences of the three companies. Safaricom, an interested party, stated that it acted to safeguard the public interest and should not be forced to break the law by allowing unlicensed operators to continue without valid licences.
On a separate matter, SportPesa has requested President Kenyatta to form a committee to investigate and study best practices within the industry to guide regulation and taxation.
