This archive report was first published on 6 August 2019.
On Monday, three gaming companies, SportPesa, Betin, and 1xBet, appeared before the High Court, urging it to lift the suspension of their paybill numbers. The companies argued that the suspension, ordered by the Betting Control and Licensing Board (BCLB), had halted their businesses despite meeting all the requirements.
According to Senior Counsel Paul Muite, representing SportPesa, the BCLB acted arbitrarily, causing injustice to the firm and threatening hundreds of jobs. He stated, "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 it deems fit and in contravention of the law." He added, "The board is under duty to observe the law."
Advanced Gaming, through Mbugua Ng'ang'a, warned that the suspension of the paybill numbers would lead to the closure of its business, citing significant investments made.
In response, the BCLB argued that the court's order 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 note, SportPesa has requested President Kenyatta to form a committee to investigate and study best practices within the industry to guide regulation and taxation.
