NAIROBI, Kenya, Mar 22 — Taita Taveta Governor Andrew Mwadime has ordered the reopening of licensed bars in the county dismissing a directive by national administration officials to shut them.
Governor Mwadime protested the closures saying the move violated the Taita Taveta County Alcoholic Drinks Control and Licencing Act.
“I direct all businesses inspected, approved, and issued with valid liquor licenses to continue operating within the stipulated time frame,” the Governor directed on Thursday.
He noted that liquor licensing is the exclusive mandate of counties as per the country’s Constitution and the Alcoholic Drinks Control Act (national legislation), adding the reported revocation of licenses by security personnel is not legally valid.
“The National Government has no legal mandate to withdraw any licenses issued by the Sub-County Committee as stipulated [in the Act],” Mwadime said in a statement.
“The team (Sub-County Committee) legally and procedurally inspected and approved the issuance of licences to various businesses in the County,” he explained.
Mwadime cited Section 9 of the Taita Taveta County Alcoholic Drinks Control and Licensing Act (2016) which established sub-county committees with the mandate to consider and approve licences.
“The Sub-County Committee SHALL after considering the application, indicate in writing whether it objects to the grant of the licence applied for,” the provisions read in part.
“Where the Sub-County Committee has no objection to the application under Section 8, it shall grant a licence to the applicant upon payment of the prescribed fees,” the county legislation states.
Unlawful revocation
Mwidime asserted that sub-county committees retain the mandate to revoke licences under Section 20 (1).
“Any licenses that were issued by the committee after meeting the criteria stipulated in the act above SHALL not be withdrawn and their businesses MUST not be closed,” he stated.
Mwadime proposed a multi-sectoral approach to address the challenge of illicit brews as the national government works to eradicate the menace.
“I take cognizance of the fact that illicit brew and hard drugs have become a menace, I therefore, call upon the multi-sectoral team to channel their energy to close these dens and ruthlessly crack down on hard drugs and substance dealers,” he said.
Mwidime’s response came amid an intensified national government crackdown against illicit liquor sparked by tragic incidents in Kirinyaga where seventeen people died in February after consuming an illicit brew
