Kenyan gambling ad ban suspended following legal challenge
Celebrity claimant argues the country’s gambling regulator has no jurisdiction over advertising
A proposed ban on gambling advertising and celebrity endorsements in Kenya has been suspended, following a lawsuit by a Kenyan musician who claimed such a ban would deny him his livelihood.
In a ruling delivered yesterday in Kenya’s High Court, Justice James Makau suspended the ban, pending a full legal hearing.
Under proposals, which would have gone into force on 30 May, all celebrity endorsements of gambling, together with gambling advertising outdoors, would have been prohibited. The stated aim of the ban was to discourage underage gambling by Kenyan citizens.
Murigi Kamau, a Kenyan who goes by the name MC Moreydoc, filed a legal challenge against Kenya’s Betting Control and Licensing Board (BCLB) over its directive, calling it “irrational and unreasonable”.
Kamau also claims there has been no clarification from the BCLB as to what a celebrity was, claiming the definition given was vague and discriminatory.
“By denying those it tags as celebrities a chance to appear in gaming advertisements and commercials, the BCLB is basically denying the petitioner a way to earn an honest livelihood. One of the ways artistes earn a living is through endorsements,” Kamau told Justice Makau.
Kamau’s lawyers said existing contracts between gambling firms, media broadcasters and other stakeholders would be affected by the ban, leading to additional lawsuits from other disadvantaged parties.
Lawyers also asserted the one-month implementation time did not give individuals enough time to adapt to the new regulations.
Kamau’s lawyers also said that since the BCLB doesn’t issue licences to third parties involved in gambling advertising, it has no jurisdiction in implementing a ban.