On Tuesday 6th, a court has ruled that It is now illegal for bars and night-clubs to operate near schools and residential areas.
Justice Chacha Mwita ruled that the Constitution, in Article 42, gives everyone the right to a clean and healthy environment which should be free from pollutants such as noise. Justice added by stating;
“Allowing such operations within residential areas violates the rights of the residents to live in a dignified and healthy environment.”
The ruling followed 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 Further upheld Nacada’s directive barring the establishment of liquor outlets and nightclubs within 300m from learning institutions.
Justice Mwita further states,
“It would be difficult to control the behavior of people who take liquor within a residential estate.”
The court directed the Nairobi county government not to license any trader to operate a liquor within the estate.