The High Court on Monday ruled that it is illegal for nightclubs and bars to operate near residential areas and schools.
The court ruled that people have the right to a clean and healthy environment according to article 42 of the constitution.
Justice Chacha Mwita ruled that the stated environment should be free of 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.
"They expect the least disturbance. Such places require a peaceful and healthy environment for rest and co-existence," stated Mwita.
According to the law, bars are not allowed to be put up within a 300 metres radius from a learning institution.
Licensing authorities, however, have been lenient in enforcing the law as special consideration is given to bars in shopping centres near schools.
The ruling that was made by Judge Mwita was as a result of a petition filed by Muimara Estate Residents Association which accused the Nairobi County government of allowing Kariuki Kimiti, to ran a bar within their estate, which has young and school going children in spite of objections from the residents as reported by Nation.
The judge further explained that selling of alcohol in residential estates violates article 31 of the constitution which advocates for right to privacy.
"It would be difficult to control the behaviour of people who take liquor within a residential estate.
“Lack of behavioural control breaches the residents' privacy," remarked Justice Mwita.
