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Court quashes ban on outdoor gambling adverts

Tuesday May 28 2019


Kenyans place their bets at one of the many betting spots in Nairobi on July 30, 2016, along Market Street. The High Court has quashed the ban on outdoor, electronic and online advertising of gambling. PHOTO | FILE | NATION MEDIA GROUP 

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The High Court has quashed the ban on outdoor, electronic and online advertising of gambling and betting.

Justice Mativo on Tuesday ruled that the directive issued by the Betting Control and Licensing Board (BCLB) was unconstitutional.

He said the manner in which the order was made was procedurally unfair. The decision followed a case filed by the Outdoor Advertising Association of Kenya.


The judge also declared null and void the regulations and policy communicated with regards to advertising on betting and gambling.

“Upon applying the legal principles, the facts and circumstances of this case, I find that the impugned decision was adopted in a manner that was procedurally unfair,” said Justice Mativo.


When the impugned regulations were issued on April 30 and communicated on May 2, the board directed that betting and gambling advertisements should have a third of its message a warning to the public of consequences as well as addiction.

Also the board had indicated that all forms of advertisement on betting and gambling have to be approved BCLB.


Last week, another High Court judge temporarily suspended these regulations after an artist moved to court to challenge them.

Justice James Makau issued the order lifting that ban when the claimed that his source of livelihood and that of others like him had been tampered with.

According to the umbrella body of advertising agencies in the country, the board failed to consult key stakeholders, before the regulation were issued hence contravened good governance and the spirit of inclusivity.