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OLKALOU SUB-COUNTY LIQUOR TRADERS ASSOCIATION V. MINISTRY OF INTERIOR & NATIONAL ADMINISTRATION & 3 ORS.

(2024) JELR 112112 (CA)

Court of Appeal  •  CONSTITUTIONAL PETITION NO. E002 OF 2024  •  16 May 2024  •  Kenya

Coram
C. KARIUKI

Judgement
<p style="text-align: center"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify">1. The Petitioner initially filed the undated Petition and contemporaneously filed a Notice of Motion dated 12/3/2024 filed on 13/3/2024, seeking conservatory orders under Articles 40 and 159 of the Constitution of Kenya. Multiple other statutory Provisions of the Constitution and rules were cited along with the Constitutional Provision.</p><p style="text-align: justify">2. On the other hand, the Respondents filed a replying affidavit sworn by Abdirisac Jaldesa, the County Commissioner of Nyandarua County. He deponed that following the recent numerous loss of lives due to consumption of illicit/illegal alcohol in the country, the Cabinet Secretary, Ministry of Interior, and National Government issued directives on measures to curb illicit brews issued according to <strong><em><u>Section 4 </u></em></strong><em><u>(2) </u></em><strong><em><u>of the Preservation of Public Security Act.</u></em></strong></p><p style="text-align: justify">3. The Respondents deponed that under Paragraphs 6 and 25 of the directives, the deponent was instructed to shut down all bars operating near residential houses and schools and those not approv…</p>

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