We've powers to revoke bar licences issued by counties – Kindiki

Governor Mwadime differed with the government over the move to close bars in his county, last week.

In Summary

• Kindiki said any licenses issued contrary to the provisions of the Alcoholic Drinks Control Act, is null and void.

• He went on to give an instance where a license is issued to allow one to operate a bar near a school, saying that such is against national law.

Interior CS Kithure Kindiki speaking in Buttik area in Kericho County on March 25, 2024.
Interior CS Kithure Kindiki speaking in Buttik area in Kericho County on March 25, 2024.
Image: MINA

Interior CS Kithure Kindiki now says that the National government can revoke bar and alcoholic outlet licenses issued by the county governments.

Speaking in Kericho, Monday, Kindiki said any license issued contrary to the provisions of the Alcoholic Drinks Control Act, is null and void.

He went on to give an instance where a license is issued to allow one to operate a bar near a school, saying such is against national law.

The CS insisted that in such a case, the national government can revoke the license.

"You cannot license and issue licenses to bars and alcoholic outlets contrary to the provision of the national law, which is the Alcoholic Drinks Control Act. Any licence issued contrary to national law by virtue of our constitution, that license is null and void.

"Na wewe mwenye club hata ukipewa karatasi na serikali ya county kukuruhusu kuwa na bar nje ya shule sisi national government tutakuja tufunge," Kindiki said.

He added that the current administration wants to leave behind responsible young people who work hard to fend for their families and to help their parents.

He said that once their time is done, they want to leave a country with responsible citizens.

Kindiki's remarks come after Taita Taveta Governor Andrew Mwadime differed with the government over the move to close bars in his county, last week.

According to the governor, the National Government has no legal mandate to withdraw any licenses issued by the Sub-County Committee.

This comes after the government said it will not allow bars selling illegal alcohol to operate.

"It has come to my attention that the Taita Taveta County security team has closed down legal businesses of law-abiding citizens and withdrawn their licenses contrary to Taita Taveta County Alcoholic Drinks Control and Licensing Act (2016) Section 9 (1, 2)," Mwadime said on Thursday in a statement.

According to him, section 12 (1, 2) stipulates that every license and every renewal, transfer, withdrawal, or cancellation thereof shall be sufficiently authenticated by the sub-county committee.

Section 20 (1) The Sub-County committee may revoke a license in accordance with the Act, he added.

He said that the Sub-County Committee legally and procedurally inspected and approved the issuance of licenses to various businesses in the County.

The Alcoholic Drinks Control Act (2010), he said, stipulates that it is the function of the County Government to issue liquor licenses.

The governor said that licenses that were issued by the committee after meeting the criteria stipulated in the act should not be withdrawn.

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