High Court suspends Betting Act for 60 days

Justice Isaac Lenaola. (Photo: Edward Kiplimo, Standard)

The High Court has suspended Nairobi County's betting, lotteries and gaming Act for 60 days. Justice Isaac Lenaola in his judgement read Thursday by Justice Chacha Mwita ruled the law, which required betting companies in the county to pay levies to the Evans Kidero-led county, should be put on hold for gazettement.

The judge, however, warned that if the law passed by the Nairobi County Assembly is not gazetted within the set timeline, it would be invalid.

"Orders suspending the operation of the Nairobi City County Betting, Lotteries and Gaming Act shall remain in operation for 60 days for gazettement," the judge ruled. "If the county government fails to do so, the said Act shall be deemed to be unlawful."

The court also divided the roles of the national and county governments in regulation of betting firms. According to the judgement, the national government ought to give licences for public gaming whereas the county will give licences for the premises where betting will be conducted.

The judge also pointed out that the national government should issue licences for national lotteries whereas the county was left to supervise those lotteries that are within its confines.

In addition, the national government will be responsible for online gaming whereas the county will handle pool tables operating in the city.

"Both the betting, lotteries and Gaming Act (national) and the Nairobi County Betting, Lotteries and Gaming Act should be implemented in the above terms," the court ruled.

Sometime in 2014, the city county assembly enacted Nairobi City County Betting, Lotteries and Gaming Act as Act No. 5 to control lotteries and betting within the city.

In addition, it published a Bill called the Nairobi City County Finance Bill 2014/2015 requiring that any person engaging in gaming, lottery and betting should pay for certain permits and licences.