Giant betting company Sportpesa is still in operation despite an existing order from Betting Control and Licensing Board (BCLB) revoking its license.
Sportpesa has moved on with normal operations despite the license withdrawal.
However, according to Sportpesa, an existing court order indicates that BCLB should not interfere with the firm's operations.
According to the new owners of Sportpesa, Milestone Gaming Limited, High Court judge Pauline Nyamweya barred the BCLB from revoking its license.
This follows the regulator's cancellation of the firm's license, a day before the court order when the firm directors appeared before it, to show cause why the permit should not be withdrawn.
The dilemma is whether the orders affected BCLB’s cancellation as it did not address itself to the document directly.
Notably, the High Court had barred BCLB from interfering with SportPesa after Milestone sought the court's intervention to stop an earlier decision by BCLB stopping it from using the name ‘SportPesa’ and the domain www.ke.sportpesa.com
In her ruling on December 3, Judge Pauline Nyamweya issued orders prohibiting BCLB from interfering with Milestone’s business and operations pending the hearing and determination of the matter.
“In the circumstances, in order to prevent abuse of the process of court and in the interest of justice, it is my finding that the extension of the stay orders sought is merited and justified and to prevent imminent further actions by the Respondent," ruled Nyamweya.
Milestone Games Limited maintained it is legally entitled to continue using the ‘SportPesa’ name and domain as well as the shortcode 29050 despite attempts by the regulator to shut them down.