Court orders five popular clubs in Eldoret shut

Five popular high-end clubs in Eldoret have been closed down for failing to comply with the Public Health Act.

The Uasin Gishu County Alcoholic Drinks Control Board said the clubs had not complied with health requirements since their establishment.

The proprietors of Club Signature, Sams, Samba, Tamarind and The Spree lost the court battle contesting their closure.

According to Armstrong Rono, the director of the board, the clubs have been conducting their businesses in the basements of buildings meant for parking.

"The Public Health Act does not permit operation of such business in the basement floors and even if key requirements like ventilation have been observed, the owners haven't applied for change of user as these areas are still referred to as parking spaces," he said.

The official explained that the businesses have not been licensed by the board due to their location and non-compliance with basic requirements of the Public Health Act and should have sought for approval from the County Physical Planning department for change of user.

For the past two months, there has been a row between the county government and the club owners after a similar closure notice was issued by the board, prompting the latter to seek a court injunction.

Some of the clubs took additional measures to create exit openings in their premises and increased air conditioners but the High Court ruling last Friday dashed their efforts.

High Court Judge George Kimondo dismissed the application by the club owners, stating that private interests sought by the investors could not supersede public interests which can be achieved by basically observing the Public Health Act stipulations.

"You may now proceed to enforce the notices you had served to the business owners because they haven't proven ground to obtain an injunction to allow them operating," the judge ruled.

Kiprotich Cherargei, counsel for Club Signature, termed the decision by the court as unfortunate and undermining to the economy of the town.

And Sunday, Rono asked the traders to relocate to safer places, noting that the county government will not allow basements meant for parking of vehicles to be turned into entertainment joints.

The official observed that there was also a security concern from both the county and national security agents who advised for the closure of businesses that are operating from perceived unsafe locations.

"No stone will be left unturned until our mission is met as we are going to enforce the order to close down all the night clubs operating in the basement floors. These places are easy targets for the marauding terror groups as they have no ventilation, have steep staircases and no exit doors," he said.

Rono was speaking to the Press Sunday afternoon after leading a major crackdown on bars in Eldoret town and its environs where more than 70 people were arrested for drinking during disallowed hours.

The revellers, who were taken to Eldoret police station, will be arraigned in court today.

The operation, which was carried out by officers drawn from the administration and regular police backed by private security guards, impounded a consignment of 1,300 litres of illicit brew from some of the bars.

Bob Tanui, a youth leader in Uasin Gishu, said despite the investment appeal by the club owners, public safety was fundamental and should not be undermined for individual interests.

"The clubs have been offering great services to the locals and they contribute so much to the growth of the economy of this region but the right to security and safety are basic and cannot be robbed from the citizens," he said.