Did you now selling of alcohol in residential estates violates article 31 of the constitution which advocates for right to privacy?
Well it is now illegal to operate wine and spirit business near schools and residential areas.
The High Court yesterday ruled that it is illegal for nightclubs and bars to operate near residential areas and schools.
The court ruled that people have the right to a clean and healthy environment according to article 42 of the constitution.
Justice Chacha Mwita stated that,”Allowing bars and liquor selling businesses within residential areas will thus violate the residents’ right to live in dignity and healthy environment, fundamental rights enshrined in the Bill of Rights”.
Adding that it would be difficult to control the behavior of people who take liquor within a residential estate.
The judge was delivering the verdict in an application filed by Muimara Estate Residents Association accusing Nairobi County of allowing a trader, Kariuki Kimiti, to operate a bar within their estate which has young and school going children despite objections from the residents.
The court directed the county government not to license a trader or any other person to operate a bar or any other alcohol selling business within Muimara Estate in Nairobi.
The law outlaws the establishment of bars and any other alcoholic outlets within a radius of 300 metres from learning institutions.
According to the law, bars are not allowed to be put up within a 300 meters radius from a learning institution.