Gitonga & another v County Government of Mombasa & 5 others (Civil Appeal (Application) E211 of 2024) [2025] KECA 1082 (KLR) (20 June 2025) (Ruling)

Facts

The Mombasa County Entertainment, Bars, Pubs, Restaurants, Hotels, Guest Houses, Wines & Spirits Owners Organization appealed the High Court's judgment dismissing their constitutional petition challenging the Mombasa County Trade License Act 2014, the Mombasa County Liquor Licensing Act 2014, and the Alcoholic Drinks Control Act 2010.

Issues

1. The constitutionality of the Mombasa County Trade License Act 2014, the Mombasa County Liquor Licensing Act 2014, and the Alcoholic Drinks Control Act 2010.
2. The appeal's arguability and the potential for the appeal to be rendered nugatory if the orders sought are not granted.

Reasoning

The Court found the appeal arguable but not frivolous, and the orders sought would not render the appeal nugatory. The Court also noted that the application does not fit within the parameters for an order of stay of proceedings.

Outcome

The application is dismissed.

Authorities cited