The High Court in
Nakuru has thwarted a bid by a
section of Bar Owners Association to
stop implementation of the Alcoholic
drinks control Act, 2010.
The Act, which came into force on
November 22, 2010 seeks to establish
a new regulatory regime for the
manufacture, promotion, sale and
consumption of alcoholic drinks and
creates new alcohol-related offences.
Yesterday, the court ruled in favour
of National Agency for the Campaign
Against Drugs and Alcohol (Nacada)
and that the 300-metre rule from
learning institutions for persons
under 18 years will continue to be
applicable.
The legislation outlaws
establishment of bars or any
alcoholic outlets within a radius of
300 metres from learning
institutions for persons aged below
18 years among other raft of
measures.
Untold problems
Delivering the judgment, Justice
Anyara Emukule said Parliament,
having taken cognizance of the fact
that unregulated consumption of
alcoholic drinks and particularly
illicit trade in alcohol was inhibiting
the highest attainable standard of
health and reproductive health of
many Kenyans.
In the application brought against
the Minister for State and Internal
Security, Nacada and the Attorney
General, mainly from Mombasa,
Muranga, Thika, Nakuru, Kericho and
Bomet alleged that the Act infringed
on their Constitutional rights,
particularly the right to property and
the right against discrimination by
the state.
The High Court termed the
petitioner’s interpretation of the
section as unacceptable and
observed that a contrary
interpretation would cause untold
problems. The judge further ruled
that the petitioners failed to
produce evidence to show that the
District Alcoholic Drinks Regulation
Committees stipulated under the Act
could interfere with their
businesses.
Petitioners had sought orders
restraining members of the security
teams and local provincial
administration from gaining access
to their premises among other
orders.
Toboa siri | nacada policy
Doea Mututho drink alcohol??
Answer with yes or no....?
Nakuru has thwarted a bid by a
section of Bar Owners Association to
stop implementation of the Alcoholic
drinks control Act, 2010.
The Act, which came into force on
November 22, 2010 seeks to establish
a new regulatory regime for the
manufacture, promotion, sale and
consumption of alcoholic drinks and
creates new alcohol-related offences.
Yesterday, the court ruled in favour
of National Agency for the Campaign
Against Drugs and Alcohol (Nacada)
and that the 300-metre rule from
learning institutions for persons
under 18 years will continue to be
applicable.
The legislation outlaws
establishment of bars or any
alcoholic outlets within a radius of
300 metres from learning
institutions for persons aged below
18 years among other raft of
measures.
Untold problems
Delivering the judgment, Justice
Anyara Emukule said Parliament,
having taken cognizance of the fact
that unregulated consumption of
alcoholic drinks and particularly
illicit trade in alcohol was inhibiting
the highest attainable standard of
health and reproductive health of
many Kenyans.
In the application brought against
the Minister for State and Internal
Security, Nacada and the Attorney
General, mainly from Mombasa,
Muranga, Thika, Nakuru, Kericho and
Bomet alleged that the Act infringed
on their Constitutional rights,
particularly the right to property and
the right against discrimination by
the state.
The High Court termed the
petitioner’s interpretation of the
section as unacceptable and
observed that a contrary
interpretation would cause untold
problems. The judge further ruled
that the petitioners failed to
produce evidence to show that the
District Alcoholic Drinks Regulation
Committees stipulated under the Act
could interfere with their
businesses.
Petitioners had sought orders
restraining members of the security
teams and local provincial
administration from gaining access
to their premises among other
orders.
Toboa siri | nacada policy
Doea Mututho drink alcohol??
Answer with yes or no....?
0 comments:
Post a Comment