Court bars new Nairobi alcohol licensing board members


Mr Benson Mutura after he was sworn in as acting governor of Nairobi on December 21. PHOTO | FRANCIS NDERITU | NMG



  • Two Nairobi residents file a petition arguing that the appointment breached the contracts of the board members who were in office.

A court has suspended a gazette notice announcing the appointment of a new Nairobi County alcohol licensing board and members of sub-county committees.

Issuing the conservatory orders, Employment and Labour Relations Court Judge Mathew Nduma Nderi said the naming of the city’s new Alcoholic Drinks Control and Licensing Board members is halted pending the hearing and determination of a case filed by two Nairobi residents.

The two petitioners, Erick Kiongora Murigu and Stephen Mwangi, accused former acting Nairobi governor Benson Mutura of breaching the contracts of the board members who were in office at the time he issued the notice.

Last month, the Nairobi County Assembly Speaker Benson Mutura, doubling up as the acting county chief, sent home the entire board after the expiry of their term.

In their place, he named two former Nairobi MCAs and councilor as part of 17 individuals to head the liquor committees.

But in their plea, Mr Murigu and Mr Mwangi argued that due process was not followed in the appointments.

“Having heard the two petitioners I am satisfied they have a meritorious case and their rights to access justice will be prejudiced if the gazette notice is implemented. It is hereby suspended pending the hearing and determination of the suit by the two petitioners,” ruled Justice Nderi.

He directed the petitioners to serve all respondents in the case within 14 days.

The Nairobi County Government, Mr Mutura, and the County Chief Officer for Commerce and Indutrialisation have been listed as respondents.

In the reorganisation of the new board, only one previous member– Rosalid Nyawira Gichuki – survived Mr Mutura’s purge with one ethnic community dominating the new appointments.

The parties will appear before the judge for directions on March 22.