Traders Ask Court to Scrap New Alcohol Law

19 July 2011

Nairobi — Two businessmen have asked the High Court to strike down the Muthutho law.

Mr Simon Mukura Kibe and Mr Gilvasio Mutoma Kinoti filed an application under a certificate of urgency, saying the Alcoholic Drinks Control Regulation infringed on their rights and freedoms.

They sought an order restraining the Minister of Internal Security and the Attorney General from arresting their employees and customers or closing their businesses under the Act, popularly known as the “Mututho Law.”

“We have a constitutional right to protection by the law which cannot be arbitrarily and capriciously taken away by legislation unless justified under Article 24 of the Constitution,” Mr Kibe and Mr Kinoti said in their sworn affidavit.

They claimed that the Act was discriminatory as it exempted Parliament and members of the disciplined forces, contrary to Article 27 of the Constitution which provides equal protection and benefit of the law.

Limiting operating hours, the two said, amounted to “statutory forced labour” as employees were forced, against their will, to work shorter hours and yet were expected to meet targets.

Lady Justice Jeanne Gacheche certified the matter as urgent and directed that the petition be served on the AG and Internal Security minister to appear before her on July 28.

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