Nairobi County says Naivas closure lacks legal basis

Office of Nairobi Governor at City Hall, Nairobi. [File, Standard]

Nairobi County on Wednesday said it has not ordered the closure of Naivas Supermarket’s Moi Avenue branch, contradicting a directive by the County Assembly Health Committee.

County Chief Officer for Public Health Tom Nyakaba said the recommendation by the committee, led by Chairperson Maurice Ochieng, did not meet the legal threshold required to shut down a business and lacked due process.

“Closure decisions must follow the law and technical standards, which remain the mandate of the county executive,” said Nyakaba.

The response followed a Tuesday oversight visit by the committee to several Naivas outlets, including the Moi Avenue branch. The team later announced it had instructed health officers to issue closure notices.

Ochieng said the committee found expired food items on display and unqualified food handlers during its inspections.

“We found expired products going through the shelves and untested food handlers, which puts Nairobians at risk,” noted Ochieng.

He cited examples, including Naima and Daylight yoghurt brands allegedly lacking expiry or manufacturing dates.

 Ochieng said the committee resolved to call for the temporary closure of all Naivas outlets until proper health certification was done.

“The most important thing is about food safety, and we will not sit back,” added Ochieng.

However, an independent inspection by the Director of Environmental Health, Anthony Muthemba, concluded that the concerns raised did not warrant immediate closure under the Food, Drugs and Chemical Substances Act, Cap 254.

 His findings formed the basis of the executive’s decision to allow operations to continue pending administrative review of documentation and compliance.

Naivas Supermarket has denied the claims, saying none of its Nairobi branches had been closed and no expired items were found on shelves.