State barred from closing down bars operating legally

Kiambu County Commissioner has been restrained from closing bars where proper inspections have not been conducted to establish if they are selling prohibited liquor.

Justice George Odunga ordered the county commissioner and his agents to stop closing down bars without first ascertaining if they were selling illicit brews following an urgent application by bar operators from Uthiru and Gitaru.

"It is prudent the crackdown on illegal liquor businesses, especially those that sell second generation and other illegal liquor, be conducted according to the law," Justice Odunga said.

He also directed that all bars duly registered by various Government agencies be allowed to conduct their businesses pending hearing and determination of the suit filed by the applicants.

The traders' lawyer, Jacob Kiragu, told the court the county commissioner and liquor committees in Gitaru and Uthiru locations have been selectively closing down premises selling licensed beers and spirits.

"The process and decision to close down the liquor premises was illegal since they had not even been accused of selling prohibited beers or spirits," Kiragu told the court.

Kiragu submitted that the arbitrary decision to shut the businesses down was oppressive, unreasonable, harsh and an infringement on economic and constitutional rights of the bar operators.

"The directive by the President on the crackdown on illicit brew did not mean private properties should be subjected to destruction without following the due process," he said.

The matter will be mentioned today when the High Court will issue further directions.