Matiang’i ordered county and regional commissioners to raid premises and confiscate unlicensed gambling machines in areas under their command.
He also warned that foreigners involved in illegal betting would be arrested, charged and deported.
A lawyer now says the directive is in contravention of a Dec 28 order issued by Justice John Mativo at the Milimani High Court.
A lawyer has accused the government of ignoring a directive issued by the High Court restraining State agencies from interfering with betting and gaming slot machines.
In a judicial application, lawyer Muhoho Gichimu told Nyeri Resident Magistrate Irene Muthee on Friday that the ongoing crackdown and confiscation of gaming slot machines is illegal.
He indicated that the exercise, which was ordered by Interior Cabinet Secretary Fred Matiang’i, is unlawful and in contravention of orders dated December 28, 2017 issued by Justice John Mativo of Milimani High Court.
Justice Mativo, Mr Gichimu indicated, stopped the arrests of the gamblers and confiscating of slot machines pending hearing and determination of a petition filed by stakeholders in the multi-billion shilling betting industry.
The orders were directed to the Betting Control and Licensing Board, Ministry of Interior and Coordination of National Government, Inspector General of Police, Attorney General, Director of Public Prosecution and Council of Governors.
In the application, Mr Gichimu told the magistrate court that the conduct of the police and officials of the national Betting Control and Licensing Board (BCLB) is illegitimate and should be stopped.
“Justice Mativo issued a conservatory order of injunction restraining the respondents who included the Inspector General of Police, Director of Public Prosecution, Betting Board and Council of Governors from conducting a crackdown on business premises of slot machines,” indicated Mr Gichimu.
“The respondents were also restrained from confiscating betting and gambling machines. Therefore the ongoing clampdown is illegal,” he added.
A customer on a slot machine at a casino in Eastleigh, Nairobi. FILE PHOTO | NMG
Mr Gichimu made the application after a Nyeri resident, Alex Mwaniki, was arrested on Thursday for using slot machines at the Marwa trading centre in Nyeri Town constituency.
The lawyer opposed prosecution of Mr Mwaniki in reference to the High Court orders.
However, the prosecution - led by Pauline Mwaniki - told court that the charges would be withdrawn after verifying and getting authenticity of the High Court order.
Ms Mwaniki noted that the said petition is still in the High Court.
The magistrate scheduled to issue a ruling on the lawyer’s application on February 2, 2018.
Matiang’i order
Police together with officials from the Betting Control and Licensing Board have been conducting crackdown and seizing betting slot machines Mr Matiang’i order on January 13, 2018.
Speaking at the Kenya School of Government during a meeting, the CS ordered county and regional commissioners to raid premises and confiscate unlicensed gambling machines in areas under their command.
He also warned that foreigners involved in illegal betting would be arrested, charged and deported.
