The High Court has dismissed an application seeking to suspend operations of BangBet, a betting platform operated by Lucky Bus DMCC and Afreeken Technology Ltd, dealing a blow to Rabow Company Ltd in its ongoing trademark and licensing dispute.
- •Justice Francis Gikonyo ruled that Rabow failed to show its rights were at risk, noting the BangBet trademark already belonged to Lucky Bus and no new evidence had been presented.
- •Rabow had filed the application in February this year, arguing that it held an existing license — License No. 0000672 — to operate under the BangBet name until June 30, 2025.
- •It alleged that the BCLB’s issuance of a parallel license to its rivals was unlawful and tainted by malice and undue influence.
However, the court disagreed, noting that Rabow’s prior application for similar relief had already been dismissed in September 2024. The judge emphasized that ownership of the BangBet trademark had already been judicially acknowledged as belonging to Lucky Bus DMCC.
“Other than claiming that they are holders of a licence to trade under ‘BANGBET’, there is no fresh material which may prompt the court to depart from the findings made on 26.9.24 (Mabeya J),” Justice Gikonyo ruled.
“In the absence of changed circumstances, it is not plausible, on prima facie basis to find that a right has been infringed and issue injunctive reliefs sought by the plaintiffs,” he added.
In response, Lucky Bus and Afreeken challenged the court’s jurisdiction, arguing that any dispute over the BCLB’s licensing decision should be pursued through a statutory appeal or judicial review under the Betting, Lotteries and Gaming Act. They also maintained that their license was lawfully granted after amending earlier licenses previously issued under the names BangSport and BangCasino.
The BCLB, listed as an interested party in the matter, supported the position of the two respondent firms. It defended its decision to issue the January license, saying it was guided by legal advice from the Attorney General and was not prohibited by any existing court order. The regulator also confirmed that it had voluntarily withdrawn its earlier application challenging Lucky Bus’s operations after the firm regularized its licensing documentation.
Safaricom PLC was involved in the case after the court ordered the freezing of two Paybill numbers — 569699 and 3039787 — linked to the disputed BangBet operations. Acting on the injunction issued on January 16, the telecom firm froze the accounts on January 23.
A day later, Safaricom’s legal representatives informed Rabow that the BCLB had already granted a fresh license to Lucky Bus, allowing it to resume trading under the BangBet name.
