Public officers, including the police and workers at Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (kebs), are free to operate liquor outlets without fear of being fired after the High Court quashed a government decision barring them from alcohol business.
Justice Roseline Aburili ruled that the directive, which was among 25 stringent measures introduced by the government in March last year to curb alcohol abuse, was unconstitutional and unfair.
The 25-point policy and operational guidelines, among other things, ban public officers from operating bars due to conflict of interest.
The guidelines targeted workers at the KRA, Kebs, Anti- Counterfeit Authority, National Authority for Campaign against Alcohol and Drug Abuse (Nacada), National Government Administration Officers and National Police Services.
The government had also sought closure of bars and alcohol shops that operate within 300 metres of schools.
Justice Aburili said the order on restriction of bars near schools is already guided by law.
“Nacada has been tasked with is enforcing this law, including cracking down on bars and liquor dispensing establishments located within the prohibited radius,” said the judge.
The new directives were announced by then Cabinet Secretary for Interior and National Administration Kithure Kindiki, now the Deputy President, on March 6, 2024 as the government sought to the alcohol industry.
However, the court ruled that by issuing the directives, Prof Kindiki exercised legislative power illegally, “in direct violation of the doctrine of separation of powers”.
A lobby group for liquor traders and hotel and bar owners had in its petition challenged the legal authority of the Cabinet Secretary to issue the directives.
“Executive directives cannot substitute or override statutes enacted by Parliament. By issuing measures that have the effect of law such as closure of licensed premises and seizure of goods without following legislative or regulatory procedures, the Cabinet Secretary acted ultra vires,” said the judge.
“Consequently, these directives are constitutionally void and invalid.”
The judge noted that the national government failed to consult, notify and engage the affected parties.
The petitioners said enforcement of the directives was followed by a myriad of instances of police and other law enforcement officers harassing and arbitrarily arresting bar owners, alcohol retailers and their patrons.
