Operator News
Kenya – Nairobi High Court abolishes law limiting casinos to five-star hotels
By Phil - 3 February 2023
A Nairobi High Court has abolished legislation in the Nairobi City County Betting, Lotteries and Gaming (Amendment) Act, 2021 confining casinos to five-star hotels along with a 7.5 per cent excise duty.
Justice Anthony Mrima ruled that the two laws had not been considered by the wider public and so breached the Constitution.
The Judge said: “Going by the gravity of the submissions made by the participants during the public meetings on betting, there is no doubt that the public ought to have been accorded an opportunity to also express themselves on the issues of gaming and lottery. That opportunity was, however, not accorded. As the impugned Act affected the entire public, there was a need for serious and wider public engagement. By the respondents’ own admission, the Finance Act did not propose the introduction of any taxes on gaming and lottery, but only the Finance Act. As such, no efforts whatsoever were taken to ensure compliance with Article 47 of the Constitution and the Fair Administrative Actions Act.”
The case was brought by the Association of Gaming Operators of Kenya (AGOK).
