Traders claim closure of liquor stores, bars near schools punitive

Bar owners have petitioned the government against the order to close more than 2,000 liquor outlets located near schools.

The bar owners say the directive is punitive, arguing that most of the bars within 300 metres of learning institutions were established before the schools came up.

Speaking during the Bar, Hotel and Liquor Traders Association’s annual general meeting in Murang’a County, the traders from 42 counties said there was a need to end the squabble, as they were in legitimate business. 

The Ministry of Education carried out a mapping exercise that established that 2,252 schools were being affected by the sale and consumption of alcohol.

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In a memo to the Regional Security Intelligence and County Security Intelligence Committees, Interior Permanent Secretary Raymond Omollo expressed concerns that learners might be lured into consumption of alcohol, and are likely to be affected by unruly behaviour, violence and disturbances emanating from premises dealing in liquor.

“The result is that the government is not likely to realise its policy of 100 per cent transition and retention of learners,” said the PS.

“This is, therefore, to direct that you liaise with relevant agencies to ensure that bars and other alcoholic dispensing outlets operating in breach of the said provision are closed with immediate effect,” he added. 

Under section 12(c)(1) of the Alcoholic Drinks Control Act, liquor outlets should be at least 300 metres from any nursery, primary, secondary or other learning institutions hosting persons under the age of age of 18 years.

Over the years, there has been a proliferation of entertainment joints across the country.

Murang’a, Machakos, Bungoma, Nairobi, Kisii and Migori counties are some of the counties with the highest number of targeted outlets.

ALSO READ: NACADA announces a crackdown on bars operating near schools

It remains to be seen whether the directive will be taken seriously this time round since similar orders issued in the past have been totally ignored.

The association chairman, Simon Njoroge, petitioned Dr Omollo to look into the matter to reach a mutual agreement to save the closure of the premises. 

“The association is seeking ways to resolve the matter amicably. The members should operate within the stipulated framework,” said Njoroge.

But Murang’a County Commissioner Joshua Nkanatha said the directive on the closure of the businesses near learning institutions was not reservable.

Nationwide crackdown

The National Campaign Against Alcohol and Drug Abuse has tried in vain to close down non-compliant bars and liquor outlets.

About two months ago, the agency announced a nationwide crackdown on bars located near learning institutions with the Chief Executive Officer Anthony Omerikwa warning that the affected outlets will be closed, and billboards promoting alcohol near schools will be removed.

“The crackdown will target bars and liquor dispensing establishments located less than 300 metres from educational institutions or areas catering to individuals under 18 years old,” he said.

At the same time, bar operators have called for the scrapping of the inspection of the premises by the sub-county liquor control committees saying it has provided room for thriving corruption.

Millions of shillings, they alleged, change hands between the bar operators and the sub-county liquor inspection committees during inspections.

In the meeting held at Murang’a Sports Club grounds, the local traders pleaded with the county government to adjust the liquor licences arguing the present charges were punitive, compared to other counties.

County Secretary Newton Mwangi promised to look into their concerns. “The issue of licensing requires advanced consultations between the Executive and Assembly since the current charges follow the Finance Act passed in 2018,” said Dr Mwangi.

 Former Maragua MP Kamande Mwangi said it was unfortunate that liquor traders remain oppressed as they are subjected to inspection of their premises during the licensing process.

“We propose that the inspection be a continuous process by the Department of Public Health,” said Kamande.

Peter Kamau, a bar operator, said the cost of the licenses was high compared to Nyeri, Laikipia and other neighbouring counties.

In Kisumu County, he said traders running a bar pay between Sh8,000 and Sh12,000, while in Kwale they pay Sh12,000 yearly. But in Murang’a, the county government charges Sh26,900 to run a small bar in the village, while establishments that run as bar and restaurants pay in excess of Sh80,000.

The Anti Counterfeit Authority Executive Director Robi Mbugua said the liquor business is prone to counterfeits thus the need for close partnership to weed out the menace.

“The authority has established centres in the region to assist in the fight against counterfeits, especially in the liquor sector,” said Mbugua.