Kenya’s battle to protect its youth from the flashing lights of gambling ads just scored a major win, with the Consumer Federation of Kenya (Cofek) emerging victorious in court.
At the heart of the case? A swift-click “speed dial” feature used by betting companies to reach customers with just a tap—a feature that, as Cofek argued, made it dangerously easy for kids and teens to stumble into the world of online betting.
The ruling, delivered by Justice Lawrence Mugambi, marks a turning point for advocates like Cofek, who have been vocal about the impact of unchecked gambling ads on young Kenyans. Cofek had filed its petition last year, stating that the Betting Control and Licensing Board (BCLB) and others had failed to put adequate regulations in place to shield minors from the bombardment of enticing online gambling ads. In Cofek’s view, the “speed dial” feature was a reckless shortcut right into the world of betting, bypassing all caution.
Justice Mugambi’s verdict last January was clear and uncompromising: betting companies were to stop using this feature immediately. “The consent shall serve as an order of the court,” he stated, putting the industry on high alert. BCLB followed up with a warning that left little to interpretation—either betting operators comply, or face deregistration.
Enter Milestone Games Limited, one of Kenya’s big names in betting, who wasn’t about to go down quietly. They argued that Cofek’s petition was more about business rivalries than about protecting kids. Claiming the ruling would interfere with their contract with Opera Mini, Milestone framed the speed dial feature as a sign of “innovation in the technology and betting industry,” one that they insisted was vital for their business.
However, on October 4, 2024, Justice Mugambi struck down Milestone’s application with finality, refusing both their plea to pause the directive and their bid to join the case as a party. “The applicant is not a party to these proceedings and has no role in the consent order,” Mugambi stated, “It has not proved a legal stake to entitle it to participate in the proceedings and thus lacks capacity to set aside the order.” The verdict was unambiguous: the court saw no legal grounds for Milestone’s involvement, deeming their challenge “meritless” and dismissing it entirely—with costs.
In the eyes of Cofek, this outcome wasn’t just a win but a validation of their concerns about the advertising practices of betting companies. The organisation pointed to rising addiction rates among youth and blamed it on the influence of pervasive gambling ads, stating, “That failure has led to the introduction, engagement, and gaming of children and youths which has caused an addiction and other negative effects.”
This ruling is part of a larger wave in Kenya, where there’s growing scrutiny on the reach and influence of gambling ads in a digital era where one click can mean a plunge into betting. Cofek and other advocates see this as a significant step towards a responsible and regulated industry that prioritises the safety of young people over the appeal of quick profit.
For now, the spotlight shines on Kenya’s efforts to rein in the industry, setting a new standard that others may be encouraged to follow. Whether this sparks broader reforms remains to be seen, but the message is loud and clear: speed dials are out, and protecting the next generation is in.
