•Despite the government's repeated declarations urging the closure of bars within residential estates, little change has been observed.
•Interior CS also announced that landlords who rent out spaces for such establishments shall also be held accountable.
Image: FILE
The government has extended its effort to curb illicit brew and drug and substance abuse menace in estates.
Interior Cabinet Secretary Kithure Kindiki on Wednesday ordered the immediate closure of bars and clubs within the residential estates and learning institution.
"Any licences currently issued to bars and other outlets and premises by County Governments that are contrary to the provisions of the Alcoholic Drinks Control Act, especially as relates to licensing of premises within residential areas and around basic educational institutions are null and void. County Security Teams are to secure shut down and seizure of such premises with immediate effect," he said.
In addition to that, the CS also announced that landlords who rent out spaces for such establishments shall also be held accountable.
"All landlords or premise owners shall be deemed aiders and abetters thereof and be held liable for renting out space for the establishment of bars/ wines and spirits outlets in prohibited areas pursuant to section 20(c) of the Penal Code," Kindiki said.
Despite the government's repeated declarations urging the closure of bars within residential estates, little change has been observed, with some establishments persisting in causing disturbances.
Residents especially in urban centres have raised accusations of playing loud music, promoting prostitution, and providing havens for criminals against certain bar operators.
A growing concern is the prevalence of bars situated on the ground floors of buildings designated for residential use, with some located in distinct buildings.
This trend has sparked fears that children in these areas may be exposed to inappropriate behaviour at a young age.
In November 2018, High Court Judge Chacha Mwita ruled that it was illegal for bars to operate near schools and residential areas.
He grounded his ruling on Article 42 of the Constitution, which gives everyone the right to a clean and healthy environment free from pollutants such as noise.
In 2022, Nairobi Governor Johnson Sakaja cancelled licences for nightclubs operating in residential areas following a public uproar over noise pollution.
As a result, The National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) welcomed the crackdown by the Nairobi County Government on bars and nightclubs in residential areas.
In a statement, Nacada CEO Victor Okioma noted that it has been receiving numerous complaints regarding bars and entertainment joints operating in estates and near schools.
“Nacada consequently supports the timely directive from the County Government and reiterates its commitment to work with the National Police Service (NPS) and other multisectoral stakeholders in ensuring that its enforcement is strictly undertaken especially given that the country is heading to the festive season,” the statement reads
“In line with this development, Nacada wishes to remind the public that in November 2018 High Court Judge Justice Chacha Mwita ruled that it was illegal for bars to operate near schools and residential areas. He grounded his ruling on article 42 of the constitution which gives everyone the right to a clean and healthy environment which should be free from pollutants such as noise.”
However, some of the clubs have continued to operate.