Gaming and betting operators at a Nairobi court on January 24, 2018 during the hearing of a case in which they are seeking to stop crackdown on their businesses. PHOTO | EVANS HABIL
More than 320 gaming machines operators have termed the crackdown on their businesses ordered by Interior secretary Fred Matiang’i as illegal.
Through lawyer Kibe Mungai, the operators told High Court judge John Mativo that they obtained an order in September 2016, stopping the government from harassing or arresting any of them.
However, the lawyer said, his clients had been arrested and charged in disregard of the court directive.
Mr Mungai said the order issued on September 19 was not only directed at the government but also police officers, barring them from confiscating betting and gaming machines or disrupting the businesses.
Mr Mungai said the government recently published a gazette notice, ignoring the court order. In response, the Betting Control and Licensing Board and the Ministry of Interior and Coordination said the crackdown was only carried out on operators who are not a party to the case before the court.
In the petition, the operators said gaming machines were their main source of employment.
They argued that the directive by the betting board had led to loss of property yet they had been duly licensed and regulated by their respective county governments.
In an affidavit, Mary Wanjiru, who operates betting machines, said the businesses were duly registered.
“County governments regulate and supervise our businesses to ensure that they have no harmful effect on society and particularly children who are not allowed to engage in gaming activities.
“The allegation that our machines are a danger to national security is false and malicious given that the Constitution envisages and provides for gambling,” she argued.
In their response, the betting board said their directive was within the law because a report by the defunct Transition Authority had resolved that “a person seeking to operate a gaming machine is required to obtain a permit from the board and obtain a single business permit for the premises for which they intend to operate from the respective county government.”
In their petition they state that the Betting Act enacted in 1966 cannot apply post 2010 Constitution because counties are now empowered to issue licences.
Council of Governors chief executive Jacqueline Mogeni asked the court to direct the matter be resolved through the mechanisms established under the Inter-governmental Act.
Mr Justice Mativo directed the case to be mentioned on February 28.
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