Lawyers Harrison Kinyanjui, Samson Nyaberi,both for Kabete M.P Ferdinard Waititu and Kabugu Muguku, for liquor brewers umbrella body, Association of Spirit Manufacturers of Kenya at Milimani law courts0n Wednesday 8 July ,2015.
BY SAM ALFAN.
High court has directed the government to abide by the rule of law while conducting the operation to rid the country of illicit brews.
Justice Isaac Lenaola said the state shall have regard to lawful licenses issued by relevant agencies like KEBS and county governments shall not unlawfully destroy any private properties in the ongoing raid.
The judge observed that since some county governments notably Kiambu and Nairobi have been mentioned as having issued licenses for the manufacturer and distribution of liquor, the petitioners should therefore notify them by an advertisement in one of the local dailies of the ongoing proceedings in court.
He also directed that NACADA and KEBS be enjoined in the case as interested parties since they have been mentioned in the pleadings.
In the case, Officials of the association of Spirits Manufacturers of Kenya file the case in court seeking orders directing IG Joseph Boinett to deploy officers to protect their businesses from attacks.
Officials of the association claim its members are duly licensed and by law entitled to conduct their lawful business without undue and unlawful intrusion and harassment by the state.
However, Justice Lenaola in his ruling said some of the orders sought by the petitioners were vague and ambiguous and cannot be granted for lack of specificity
The judge said the petitioners were not specific which premises needed protection from the court in regards to the destruction of their properties.
“Where are they located for the court to order protection orders? Which premises are these,” the judge posed.
The Judge added when the petitioners seek orders to suspend implementation of a decision by CS Interior Joseph Nkaiserry and the alleged public pronouncement, they should provide evidence of that decree otherwise it would be difficult for court to grant orders in such cases.
He further directed that the petitioner amends their application to explain and specify what they meant by ‘license premises’, ‘license outlets’ and ‘business premises’.
A similar case by the Kenya Breweries Limited is also ongoing in court. Justice George Odunga has since issued an order stopping the state from destroying and burning KBL’s licensed brands.