Kaiti v OCS Kakamega Police Station & another (Constitutional Petition E004 of 2024) [2025] KEHC 10610 (KLR) (17 July 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 10610
- Citation
- [2025] KEHC 10610 (KLR)
- Decided
- 17 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetitioner seeks declarations, orders of certiorari, prohibition, and costs.CoramSC CHIRCHIR
Holding
There is a conflict between the National Alcoholic Drinks Control Act, 2010 and the Kakamega County Alcoholic Drinks Control Act, 2014 regarding the distance of liquor licensed premises from a learning institution of minors.
Facts
On 16th April 2024, the 1st respondent raided a bar operated by the petitioner, located less than 300 meters from a learning institution for minors.
Issues
- whether liquor licensing is a shared function
- whether there is a conflict between national and county legislation on the distance of liquor licensed premises from a learning institution of minors
Reasoning
The petitioner argues that liquor licensing is a shared function between the national and county governments, and that the county legislation provides for a 100-meter distance, while the national legislation requires a 300-meter distance.
Outcome
The court found in favor of the petitioner.
Orders
- A declaration that the action of the respondents to charge the petitioner is unconstitutional.
- An order of certiorari to remove and quash the decision to charge and prosecute the petitioner.
- An order of prohibition prohibiting the respondents and the Chief Magistrate Court from prosecuting the petitioner.
- The respondents to bear costs of the petition.
Remedies
- Declaration
- Certiorari
- Prohibition
Authorities cited
Legislation (3)
- Alcoholic Drinks Control Act No. 4 of 2010
- Kakamega County Alcoholic Drinks Control Act, 2014
- Constitution of Kenya
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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