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Court declares sale of liquor in estates illegal

A court on Tuesday upheld Nacada's directive barring the establishment of liquor outlets and nightclubs within 300m from learning institutions.Justice Chacha Mwita ruled that any of such establishments should be outside the set distance.He cited Article 42 of the Constitution which has provisions guaranteeing Kenyans the right to a clean and healthy environment.

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by COLLINS MUTHAMA AND ROSEMARY WANGUI

News25 January 2019 - 14:48
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Administration police impound liquor cartons during a past operation. /FILE

A court on Tuesday upheld Nacada's directive barring the establishment of liquor outlets and nightclubs within 300m from learning institutions.

Justice Chacha Mwita ruled that any of such establishments should be outside the set distance.

He cited Article 42 of the Constitution which has provisions guaranteeing Kenyans the right to a clean and healthy environment.

"Allowing such operations within residential areas violates the rights of the residents to live in a dignified and healthy environment," the judge said.

Mwita added that it is hard to control the behavior of people who take liquor within an estate.

The ruling followed an application by Muimara Estate Residents Association against a trader, Kariuki Kimiti, who set up a bar within the estate.

The residents said that Kimiti started the establishment despite objections from the residents that the area has young and school going children.

The court directed the Nairobi county government not to license any trader to operate a liquor within the estate.


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