Court gives verdict on end of bars near schools

The High Court has reversed a decision to close down five bars that were operating near a school, setting a precedent for the treatment of the law on proximity of pubs to learning institutions

Nakuru County had ordered the closure of the clubs in July 2019 for breach of the Alcoholic Drinks Control Act, which outlaws the establishment of bars or any alcoholic outlets within a radius of 300 metres from learning institutions for persons aged below 18.

But Justice Hillary Chemitei, while ruling on a case filed by the bar owners, said governor Lee Kinyanjui-led government did not give the bar owners a fair hearing on complaints raised by a section of residents opposed to the liquor trade.

“I have heard an opportunity of looking at the minutes of the meeting that was held on July 25, 2019, and indeed the bar owners were not given an opportunity to be heard. It is 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 ruled.

The bar owners pleaded that they had been holding licences for more than 10 years and in the same period, there has not been a change of position in respect to the location of the premises where they conduct their businesses.

“By its conducts, the Rongai Sub-County Alcoholic Drinks Committee created a legitimate expectation to the effect that as long as the applicant’s (bar owners) operated within the same premises and within the ambit of the other provisions of the law, they will enjoy their licenses. The licences, as a benefit accruing from the Rongai Sub-County Alcoholic Drinks Committee, could not be withdrawn without due process,” they argued.

Removal of pubs from around schools has won the support of educationists who argued that the move protects children from the negative influence of alcohol.