Lucky Bus DMCC & another v Rabow Ltd
The bottom line
#Kenya's High Court confirmed it can order the betting regulator to enforce its own earlier orders, rejecting arguments that parties must first exhaust regulatory channels.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection based on exhaustion of remedies under the Betting, Lotteries and Gaming Act was merited
The objection failed; the Motion sought enforcement of a court order, not a complaint under the Act
Section 4 of the Act gives BCLB exclusive authority over licences and complaints. However, the Motion did not raise a complaint under the Act; it sought compliance with the court's own orders of 26/9/2024, which remain in force and were made with deference to BCLB's jurisdiction, BCLB having been an interested party.
Whether supplemental orders for compliance with the orders of 26/9/2024 should issue
Prayer (b) granted because BCLB, though an interested party, was not directed to enforce the earlier orders; prayer (c) refused as overtaken by events
The court held it would be a mockery of justice if its orders were not obeyed. BCLB did not oppose the Motion, so the order directing it to enforce the earlier orders was granted. The freezing orders had already been implemented by Safaricom on 27/9/2024, unchallenged, so prayer (c) failed.
Legal principles established
#- A court may make supplemental orders to facilitate compliance with its own subsisting orders without usurping the statutory jurisdiction of a regulator
- The exhaustion doctrine does not apply where the issue before the court concerns enforcement of a court order, not a complaint under the statute
Court orders
#- 1.Preliminary objection dated 13/12/2024 dismissed
- 2.Motion dated 14/11/2024 allowed in terms of prayer no. (b), directing BCLB to enforce Orders 4(i) & (ii) of the order of 1/10/2024
- 3.Prayer (c) of the Motion not granted
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucky Bus DMCC & another v Rabow Ltd", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.