A betting firm in Kenya, Milestone Games Limited, has filed an appeal with the Court of Appeal, contesting a High Court decision that upheld a consent order requiring all gaming operators to stop using the speed dial feature on internet browsers.
In a notice of appeal submitted to the Court of Appeal, Milestone Games expressed its dissatisfaction with the ruling delivered by Justice Lawrence Mugambi on October 4, 2023. The ruling refused to overturn a consent order executed on January 9, 2023, by the Consumer Federation of Kenya (Cofek), the Betting Control and Licensing Board (BCLB), and the Communications Authority of Kenya (CA).
“The Appellant herein, Milestone Games Limited, being dissatisfied with the ruling of Honourable Justice Lawrence Mugambi given at Nairobi on October 4, 2023, in Nairobi High Court Constitutional Petition No. E307 of 2023 intends to appeal to the Court of Appeal against the whole ruling,” states the notice.
Milestone Games’ decision to appeal follows Justice Mugambi’s ruling which also denied the firm’s request to be added as the fifth interested party in the lawsuit initiated by Cofek.
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The lawsuit challenges the introduction of the ‘speed dial’ feature, which betting companies use to promote gambling, lotteries, and gaming activities. This feature, available on various internet browsers, displays visual thumbnails of frequently visited websites, allowing users to quickly navigate to these sites, including those of betting companies.
In his ruling, Justice Mugambi dismissed Milestone Games’ application to modify the consent order, which mandates that all gaming operators cease using the speed dial feature on major internet browsers, specifically those by Opera Mini and Google.
According to the judge, Milestone Games was not a party to the original proceedings and therefore lacked the legal standing to contest the consent order. Justice Mugambi emphasized that Milestone Games had failed to demonstrate a legitimate interest in the case and could not challenge the consent order.
