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The Nairobian

Court rules state officials wrong to close bars

Nairobi

By Kamau Muthoni | Oct 17, 2024

A High Court Judge has criticised the government for closing down bars with valid licenses and harassing those in legal alcohol manufacturing.

While terming the government’s action lopsided, Justice Kizito Magare said licensed bar owners are not the problem as they satisfy the insatiable appetites of those who imbibe, for a profit.

Justice Magare said that, instead, officials have ensured that those in the alcohol business are in a state of animated limbo.

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“It must be remembered that the traders who sell alcohol are not the problem but the drinkers. Regulation of alcohol in this county is a matter of concern. However, once traders have been given licenses, they have a legitimate expectation that they will work unperturbed. It is in breach of security and protection of rights to take away a license and threaten to charge a person for operating without a license,” said Justice Magare.

The Judge ordered Nyeri County alcoholic drinks control and management and one Josephat Wamathai, a county employee, to return Silent Pub’s license and barred them from harassing or arresting its proprietor.

He also awarded the bar owner, Susan Nyachania Thimu, Sh45,000 for violating her rights.

In her affidavit, sworn on March 4, 2024, Thimu narrated that Wamathai, accompanied by police officers from the Gichira Police Station and the area chief, stormed Silent Pub and arrested Sally Wambui, an employee.

Thimu said she paid Sh5,000 to bail Wambui out.

The court heard that Wambui was not charged but the government officials took away her business permit.

“It is callous and in bad taste to use public office to harass and intimidate traders who have complied with the law. Days when inspectors and supervisors held sway in the lives and livelihoods of people are long gone,” Justice Magare observed.