Bars, night clubs and entertainment joints are not authorized by law to operate near schools and residential areas, a court judge has ordered.
According to Justice Chacha Mwita in a news report by Business Daily, the constitution clearly states that all individuals within the country have the right to live and operate in a conducive environment free from pollutants such as noise.
“Allowing bars and liquor selling businesses within residential areas will thus violate the residents’ right to live in dignity and healthy environment, fundamental rights enshrined in the Bill of Rights,” Justice Mwita is quoted as saying by Business Daily.
He pointed out that such places require a peaceful and healthy environment for rest and co-existence.
Justice Mwita according to the news report was giving her decision over a case brought forward by Muimara Estate Residents Association, who had accused City Hall officials of offering an entertainment joint license to one Kariuki Kimiti to operate within the estate walls; which also houses a school, despite opposition from the residents.
Justice Mwita reiterated that vending alcohol within residential areas further breaches the fundamental right to privacy as dictated by article 31 of the constitution.
“It would be difficult to control the behaviour of people who take liquor within a residential estate. Lack of behavioural control breaches the resident’s privacy,” Justice Mwita ruled.
Following the court’s decision, the news report said Justice Mwita subsequently directed relevant licensing authorities not to license any other person to operate a bar or any other alcohol selling business within Muimara Estate.