High Court declares sale of alcohol in estates illegal

The law outlaws the establishment of bars and any other alcoholic outlets within a radius of 300 metres from learning institutions.

It is now illegal for bars and night-clubs to operate near schools and residential areas, a court has ruled.

Justice Chacha Mwita ruled that the Constitution, in Article 42, gives everyone the right to a clean and healthy environment which should be free from pollutants such as noise.

“Allowing bars and liquor selling businesses within residential areas will thus violate the residents’ right to live in dignity and healthy environment, fundamental rights enshrined in the Bill of Rights,” said Justice Mwita. “They expect least disturbance. Such places require a peaceful and healthy environment for rest and co-existence,” he observed.

The judge was delivering the verdict in an application filed by Muimara Estate Residents Association accusing Nairobi County of allowing a trader, Kariuki Kimiti, to operate a bar within their estate which has young and school going children despite objections from the residents.

The law outlaws the establishment of bars and any other alcoholic outlets within a radius of 300 metres from learning institutions.

But licensing authorities have been selective in enforcing the law with permits being influenced by other factors.

Special consideration is given to bars in shopping centres near schools.

The judge said that operating liquor selling businesses within residential estates is illegal, unlawful and violates the residents’ right to live in a peaceful, tranquil environment and with dignity.

Justice Mwita said that selling liquor in residential estates further violates residents’ right to privacy guaranteed under article 31 of the Constitution.

“It would be difficult to control the behaviour of people who take liquor within a residential estate.

“Lack of behavioural control breaches the resident’s privacy,” Justice Mwita ruled. The judge added that the right to privacy protects the liberty of a person to make certain crucial decisions regarding his well-being without coercion, intimidation, or interference from anyone.

The court directed the county government not to license a trader or any other person to operate a bar or any other alcohol selling near a school or residential area.



19 Comments

  • I got this website from my friend who informed me concerning this web site and at the moment this time I am browsing this site and reading very informative articles or reviews here.

  • Thanks a lot for sharing this with all people you really
    realize what you are speaking about! Bookmarked.
    Please additionally seek advice from my web site =).
    We could have a hyperlink trade contract between us

  • I’m not that much of a internet reader to be honest but your blogs really
    nice, keep it up! I’ll go ahead and bookmark your site to come back in the future.
    All the best

  • Tremendous things here. I am very satisfied to see your article.

    Thank you a lot and I’m having a look ahead to touch you.
    Will you kindly drop me a mail?

  • What’s Going down i’m new to this, I stumbled upon this I’ve found It absolutely helpful and it has helped me
    out loads. I hope to give a contribution & aid other customers like its helped
    me. Good job.

  • Great delivery. Sound arguments. Keep up the good spirit.

  • If some one needs expert view on the topic of blogging then i propose him/her to pay a visit this
    webpage, Keep up the nice work.

  • Hello there, I discovered your site by the use of Google at the
    same time as searching for a similar matter, your site came
    up, it looks good. I’ve bookmarked it in my google bookmarks.

    Hello there, just became aware of your weblog through Google, and located that it’s really informative.
    I’m gonna be careful for brussels. I will appreciate in case
    you proceed this in future. Lots of other people might be benefited from your writing.
    Cheers!

  • Excellent blog here! Also your website loads up fast!

    What host are you using? Can I get your affiliate link to your host?
    I wish my website loaded up as fast as yours lol

  • After looking over a handful of the blog articles on your web
    site, I truly appreciate your technique of writing a blog.

    I saved it to my bookmark webpage list and will be checking back soon. Take a look at my website as well and let
    me know what you think.

  • This website was… how do you say it? Relevant!!

    Finally I’ve found something that helped me.

    Many thanks!

  • It’s remarkable to go to see this web site and reading the views of all mates concerning this post, while I
    am also zealous of getting experience.

  • WOW just what I was searching for. Came here by searching
    for cheap flights

  • Attractive section of content. I just stumbled upon your blog and
    in accession capital to assert that I get in fact
    enjoyed account your blog posts. Any way I will be subscribing
    to your augment and even I achievement you access consistently
    quickly.

  • I visit daily a few web sites and information sites to read posts,
    except this web site gives feature based writing.

  • Its like you read my mind! You seem to know so much approximately this, like you wrote the
    book in it or something. I think that you simply could do with some p.c.

    to power the message home a bit, however instead of that, that is excellent blog.
    An excellent read. I’ll certainly be back.

  • Wow, awesome blog layout! How long have you been blogging for?

    you make blogging look easy. The overall look of your website is great,
    let alone the content!

  • I am sure this piece of writing has touched all the internet
    people, its really really nice piece of writing on building up
    new web site.

  • Very good blog! Do you possess any suggestions for aspiring writers?
    I’m hoping to get started on my very own site soon but I’m a little bit lost on everything.
    Would you recommend beginning from a no cost platform like WordPress or go
    for a paid option? There are plenty of choices out there that I’m totally overwhelmed ..
    Any ideas? Bless you!

    Visit my website: AaronSToline

Leave a Reply

Latest news