Bar and night-club businesses operating near schools and residential areas have been declared illegal by the court.
While ruling a case filed in Court by Muimara Estate Residents, Justice Chacha Mwita said that allowing bars and liquor businesses within estates and near schools violates the rights of residents and children to live in dignity and a healthy environment under Article 42 of the constitution.
“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,” said Justice Mwita. “They expect the least disturbance. Such places require a peaceful and healthy environment for rest and co-existence,” he observed.
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 law outlaws the establishment of bars and any other alcoholic outlets within a radius of 300 meters from learning institutions.
Special consideration is given to bars in shopping centers near schools.
The judge said that operating liquor-selling businesses within residential estates is illegal, unlawful and violates the residents’ right to live in a peaceful, tranquil environment and with dignity.
Justice Mwita said that selling liquor in residential estates further violates residents’ right to privacy guaranteed under article 31 of the Constitution.
“It would be difficult to control the behavior of people who take liquor within a residential estate.
“Lack of behavioral control breaches the resident’s privacy,” Justice Mwita ruled. The judge added that the right to privacy protects the liberty of a person to make certain crucial decisions regarding his well-being without coercion, intimidation, or interference from anyone.
Liquor businesses have in the recent past increased especially within estates across Nairobi County. This kind of business has turned out to be a fast growing and high income generating.