Judge halts online alcohol sales in Nairobi over failure to verify buyers' age

 

The orders issued by Justice David Mburu on Monday affect e-commerce applications, websites and other digital marketplaces selling alcoholic drinks within Nairobi City County. [Courtesy]

The High Court has temporarily suspended online alcohol sales and deliveries in Nairobi unless vendors meet strict licensing and age-verification requirements.

The orders issued by Justice David Mburu on Monday affect e-commerce applications, websites and other digital marketplaces selling alcoholic drinks within Nairobi City County.

“Pending the hearing and determination of the application or further orders of the Court, a conservatory order be and is hereby issued suspending the listing, offering for sale, ordering, sale, supply and delivery of alcoholic drinks through e-commerce applications, websites and other digital marketplaces within Nairobi City County,” Justice Mburu ordered.

The judge directed online platforms and vendors to stop listing, offering for sale, ordering, supplying and delivering alcoholic drinks unless they comply with a raft of safeguards aimed at preventing minors from accessing alcohol.

In the interim orders, Justice Mburu ruled that alcoholic drinks must only be offered through separately designated and access-restricted sections of digital platforms.

“Access to that section is conditional upon secure customer authentication through a password, personal identification number or equivalent mechanism, together with reliable verification that the customer is aged eighteen (18) years or above, both requirements being completed before access is permitted,” the judge ordered.

The court further directed that a buyer's age must be reliably verified before a transaction is completed, while the recipient's age must be independently confirmed before the alcoholic drinks are handed over or delivered.

The judge also barred advertisements, hyperlinks, interactive advertisements and other digital promotional mechanisms that direct users to alcohol purchasing facilities without first requiring them to comply with the prescribed authentication and age-verification safeguards.

"A conservatory order be issued restraining the advertisement, marketing or promotion of alcoholic drinks through hyperlinks, interactive advertisements or other digital mechanisms which direct users to transaction-enabled alcoholic drink listings or purchasing facilities without first requiring compliance with the authentication and age- verification safeguards set out in order 2," the judge ordered

The orders followed an urgent application by David Biketi Wati, who sued the Nairobi City County Government, the Nairobi City County Alcoholic Drinks Control and Licensing Board and the Nairobi City County Assembly.

The Kenya Association of Manufacturers, Bars, Hotels and Liquor Traders Association of Kenya, Retail Trade Association of Kenya, Kenya E-Commerce Association and Metropolitan Liquor Traders Association were named as interested parties.

Wati argued that existing regulatory arrangements had failed to establish adequate safeguards governing online alcohol sales, particularly in verifying customers' ages before purchases and deliveries.

In his application dated November 3, 2026, the petitioner told the court that on October 30, he accessed the Jumia Kenya e-commerce platform and observed that alcoholic drinks could be selected and added to a shopping cart without prior verification of the user's age.

He argued that the absence of age verification at that stage allowed users to access alcohol listings through general-purpose e-commerce applications without first establishing whether they were adults.

The petitioner further challenged the marketing of alcoholic drinks through hyperlinks and online advertisements that could direct users to purchasing facilities without passing through restricted sections requiring authentication and age verification.

He also questioned the licensing framework for online alcohol businesses, arguing that the Nairobi City County Finance Act, 2026 introduced a licensing category for online alcohol marketing and sales without prescribing corresponding safeguards for digital access, customer authentication, transactions and delivery.

Wati sought to have the court stop online alcohol trading until adequate regulatory measures were introduced and enforced.

He also wanted the county licensing authorities restrained from issuing temporary or occasional liquor licences for public events, parties and entertainment functions unless organisers established arrangements to verify the ages of attendees and deny entry to minors.

Justice Mburu certified the application as urgent and allowed prayers two and three on an interim basis pending the hearing and determination of the application.

The respondents and interested parties have been directed to file and serve their responses within seven days of service of the orders.

The petitioner was ordered to serve the court orders and directions within two days.

The matter will be mentioned on November 18, 2026, to confirm compliance and for further directions.