East African Breweries Limited v Attorney General & 2 others [2019] KECA 1059 (KLR)
- Court
- Court of Appeal
- Case number
- 1059
- Citation
- [2019] KECA 1059 (KLR)
- Decided
- 25 January 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Lenaola, J.) dated 27th February, 2013CoramR. N. NAMBUYE, P. O. KIAGE, J. OTIENO-ODEK
Holding
The appeal is devoid of merit and dismissed with costs.
Facts
The appellant, East African Breweries Limited, challenged the constitutionality of Section 32 of the Alcoholic Drinks Control Act 2010, which imposes packaging requirements for alcoholic drinks. The appellant claimed the provision violated its right to property, freedom of speech, and the right to protection of the law.
Issues
- Whether Section 32 of the Alcoholic Drinks Control Act 2010 is unconstitutional and unenforceable.
- Whether the High Court erred in dismissing the appellant's petition challenging the constitutionality of Section 32.
Reasoning
The court found the provision constitutional and not a violation of the appellant's rights. The court emphasized the need for responsible regulation to protect consumers.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (2)
- Alcoholic Drinks Control Act 2010
- Constitution of Kenya 2010
Cases cited (1)
- WEST VIRGINIA STATE BOARD OF EDUCATION vs. BARNETTE
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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