Justice rules on the closure of bars near schools

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Economy

Justice rules on the closure of bars near schools


Nakuru Governor Lee Kinyanjui. PHOTO | CHEBOITE KIGEN | NMG

Summary

  • The High Court overturned a decision to close five bars that were operating near a school.
  • Nakuru County ordered clubs to close in July 2019 for violating the Alcoholic Beverage Control Act, which prohibits the establishment of bars or any alcohol outlet within 300 meters of establishments. ‘education.
  • But Judge Hillary Chemitei, while ruling on a case filed by bar owners, said the government led by Governor Lee Kinyanjui had failed to give bar owners a fair hearing.

The High Court overturned a decision to close five bars that operated near a school, setting a precedent for the treatment of the law on the proximity of pubs to educational institutions

Nakuru County ordered clubs to close in July 2019 for violating the Alcoholic Beverage Control Act, which prohibits the establishment of bars or any alcohol outlet within 300 meters of establishments. ‘education for people under the age of 18.

But Judge Hillary Chemitei, while ruling on a case filed by bar owners, said the government led by Governor Lee Kinyanjui had failed to give bar owners a fair hearing into complaints raised by some of the bar owners. residents opposed to the alcohol trade.

“I heard the opportunity to review the minutes of the meeting held on July 25, 2019, and indeed bar owners did not have the opportunity to be heard. It was only the decision to close their businesses that was communicated to them during the meeting. This therefore violated the applicants’ right to fair administrative action under article 47 of the Constitution, ”the court said.

The bar owners alleged that they had held licenses for more than 10 years and that during the same period there was no change in position as to the location of the premises where they operate. .

“By its conduct, the Rongai Sub-County Alcoholic Beverage Committee created a legitimate expectation that as long as the applicant’s (bar owners) were operating in the same premises and under the other provisions of the law, they would benefit from their licenses. The licenses, as a benefit from the Rongai Sub-County Alcoholic Beverage Committee, could not be withdrawn without due process, ”they argued.

The removal of ads around schools won the support of educators who argued that the move protected children from the negative influence of alcohol.


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