Claire Nyabayo’s dream of claiming a Ksh99 million jackpot from Betika has officially been shattered after the Court of Appeal dismissed her case, ruling that it had no power to intervene.
Nyabayo, who won big in Betika’s “magic numbers” game, had hoped to challenge the betting firm’s refusal to pay her full winnings. But the court sided with Betika, blocking her final legal attempt.
While delivering the ruling, Justice Mumbi Ngugi made it clear that the Court of Appeal cannot handle betting disputes. She explained that under the Betting, Lotteries, and Gaming Act, such cases must end at the High Court.
“The Court of Appeal is prohibited from handling these appeals,” Justice Ngugi stated.
Nyabayo’s legal battle began in January 2022 when she hit what she believed was a life-changing jackpot of nearly Ksh100 million.
However, Betika refused to pay, arguing that a system error had inflated her winnings. The company cited its terms and conditions, which cap the maximum payout at Ksh1 million.
Betika defended its decision, claiming that paying the full amount would amount to unjust enrichment. Nyabayo, however, maintained that the mistake wasn’t her fault and that she had been unfairly denied her rightful winnings.
The Betting Control and Licensing Board backed Betika in July 2023, ruling that the company was only required to pay Ksh1 million. The High Court upheld this decision in September 2024, leaving Nyabayo with little room to fight back.
Determined not to give up, she took her case to the Court of Appeal, arguing that the Board’s process was flawed. She claimed she had never been given a copy of the game’s terms and conditions—information that was crucial to her case.
Her lawyers insisted that the failure to disclose these terms had denied her a fair hearing and weakened her ability to challenge Betika’s defense.
However, Justice Ngugi dismissed her appeal, citing the Betting, Lotteries, and Gaming Act, which prohibits further appeals beyond the High Court.
“The applicant recognises the limits placed on this court by the law,” she ruled, effectively closing the case and dashing Nyabayo’s last hope of securing the Ksh99 million payout.
