Claire Nyabayo’s pursuit of a KES 99 million jackpot payout from Betika has officially come to an end after the Court of Appeal dismissed her case, citing a lack of jurisdiction.
Nyabayo had taken legal action against the betting firm after it refused to pay the full amount she believed she had won in Betika’s “magic numbers” game. However, the Court of Appeal upheld earlier rulings that the case could not proceed beyond the High Court.
Justice Mumbi Ngugi, in her ruling, stated that under the Betting, Lotteries, and Gaming Act, the Court of Appeal has no authority to hear such cases.
“The Court of Appeal is prohibited from handling these appeals,” Justice Ngugi ruled.
Nyabayo’s legal battle began in January 2022 when she was informed that she had won nearly KES 100 million. However, Betika argued that a system error had inflated the winnings and pointed to its terms and conditions, which cap the maximum payout at KES 1 million.
Betika maintained that awarding the full amount would constitute “unjust enrichment” and defended its position with the support of the Betting Control and Licensing Board. In July 2023, the Board ruled that Betika was only required to pay KES 1 million. The High Court upheld this decision in September 2024.
Nyabayo challenged these rulings, arguing that she had not been provided with a copy of the game’s terms and conditions, which were essential to her case. Her lawyers claimed that the lack of disclosure “denied her a fair hearing and weakened her ability to challenge Betika’s defense.”
Despite her arguments, the Court of Appeal ruled against her, emphasizing that the law does not allow further appeals in betting disputes beyond the High Court.
“The applicant recognizes the limits placed on this court by the law,” Justice Ngugi stated in the final ruling.
With this decision, Nyabayo’s legal avenues have been exhausted, confirming that the KES 99 million jackpot will not be paid out.
