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Sale of alcohol within city estates illegal, rules High Court

Justice Chacha Mwita at Milimani Law Court. PHOTO | FILE
Justice Chacha Mwita at Milimani Law Court. PHOTO | FILE
It is illegal for bars and night clubs to operate near schools and residential areas, a court has ruled.

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

Schools are places for learning and building morals, while residential areas are places where families seek rest after a long day out.

“They expect least disturbance,” observed Justice Chacha Mwita on Monday. “Such places require a peaceful and healthy environment for rest and coexistence.”

The judge observed 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.

He was delivering the verdict in an application filed by Muimara Estate Residents Association, who had accused Nairobi City County of allowing a trader, Mr Kariuki Kimiti, to operate a bar within their estate despite objections from the residents.

“It would be difficult to control the behaviour of people who take liquor within a residential estate. Lack of behavioural control breaches the residents’ privacy,” said the judge, who also directed Nairobi County government not to license traders to operate bars, clubs or otherwise sell alcoholic beverages within Muimara Estate.



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