Consumers Federation of Kenya has moved to court challenging what it claims is the establishment of illegal use of a "Speed Dial" on various internet browsers which are being used to advertise betting, lottery and gaming activities.
The organisation claims that the illegal use of the speed dial is being used for dissemination of information which poses a great risk to consumers.
An application filed by Cofek through lawyer Lydia Kemunto, says that the Betting Control and Licencing Board in a letter dated August 11, 2023, directed all gaming companies to cease within seven days of advertising using the speed dial feature until such a time guidelines would be availed in collaboration with the Communication Authority.
The organisation in its court documents claims whilst some licensees of the betting control board have complied with the directive, several of them have blatantly defied the regulators' directive and continue to advertise on a browser posing a great risk to minors and vulnerable persons.
Cofek wants a declaration that the case is of public interest and that consumers represented by the petitioner, have the rights and guarantees as provided for under the constitution.
"The Respondents herein have individual and collective roles in monitoring the activities on the internet to safeguard Kenyans from exploitation by third parties including but not limited to internet browsers in Kenya," Cofek says in court documents.
The organisation is apprehensive that the rights of consumers within the Republic of Kenya shall be infringed upon unless the orders sought herein are granted.
It accuses the Betting Control and Licencing Board of allowing betting companies (licensees) to engage in Predatory Advertising that "intentionally and willfully directs consumers to betting and gambling websites despite taking cognizance of the risks posed."
"In the circumstances, the Applicant contends that the conduct of the 1st Respondent(Betting Control and Licencing Board) herein having neglected to regulate its licensees, is tainted with abuse, arbitrariness, illegality, irrationality and in flagrant breach of the law and our constitution," Cofek claims.
Cofek also wants a declaration that the Respondent's action of ignoring and/or failing to regulate the advertisement contravenes Articles 46, 53 and 56 of the Constitution.
The case will be mentioned on September 19 for further directions before Justice Hedwig Ong'undi.