The Consumer Federation of Kenya has won a fight to deny betting companies the use of online features that quickly disseminate information with faster reach to potential gamblers.
This is after an application challenging the High Court directive for the removal of speed dial features in online gaming advertisements was dismissed.
Cofek had last year filed a petition arguing that the feature exposed consumers, especially children to harmful practices through the advertisements.
They said the speed dial feature disregarded an ongoing campaign by the Communications Authority of Kenya, which focuses on child online protection.
Cofek claimed that the Betting Control and Licensing Board and other parties failed to regulate and ignored the regulation of advertisement, hence posing a risk to consumers, especially children and youth.
Justice Lawrence Mugambi in January last year directed the Betting Control and Licencing Board to ensure all gaming operators cease the use of the speed dial feature forthwith.
The judge said the consent shall serve as an order of the court.
The board then issued a warning to all gaming operators directing that they abide by the court ruling or risk deregistration.
However, Milestone Games Limited, one of the gaming operators moved to court to challenge that directive while also seeking to be enjoined in the matter.
It alleged that the motive behind Cofek’s petition was the advancement of the competitor’s interests and not the protection of children. It argued that the orders would adversely affect its interests in the gaming business.
Milestone Games said enforcement of Justice Mugambi’s directive will force it to breach its existing agreement with Opera Mini.
“Correspondingly, barring the speed dial feature will stifle innovation in the technology and betting industry,” Limited Games said.
In his ruling delivered on Monday, October 4, 2024, he dismissed Milestone Games' application to stay the execution of his directive.
He also declined to have the appellant enjoined in the case saying it was a stranger to the matter.
“The applicant is not a party to these proceedings and has no role in the consent order. It has not proved a legal stake to entitle it to participate in the proceedings and thus lacks capacity to set aside the order,” Mugambi ruled.
“The upshot is that the application lacks merit and is hereby dismissed in its entirety with costs.”
Cofek had sued saying the betting board and other parties failed to regulate and ignored the regulation of advertisement hence posing a risk to consumers, especially children and youth.
“That failure has led to the introduction, engagement and gaming of children and youths which has caused an addiction and other negative effects,” it said in its affidavits.
