The Mountain Journal
A suit lodged by Murang’a Bar Owners Association to bar the county government from collecting levies from the single business permits, and alcoholic drinks control license has been dismissed.
High Court Judge Cecilia Githua dismissed the suit arguing collection of the two levies was constitutional.
Last year the association moved to court to bar Governor Irungu Kang’ata’s administration from collecting the revenue from the traders citing the act was unconstitutional and discriminatory.
The court observed a high prevalence of alcohol abuse in the country, the county governments need to take their constitutionally mandated functions of liquor licensing seriously.
“Doing so can not amount to discrimination of investors in the liquor industry
In the judgment, Githua indicated that both legislations enacted by the county assembly were not contested by the applicant, and the county government is mandated to charge the members for alcohol drinks control and single business licenses.
“The license issued under the act was a control instrument used to regulate the liquor industry in the county to ensure the traders involved in the manufacture, sale, and consumption of alcoholics did so in a manner with the objective of the act,” ruled the judge.
During the hearing, the judge rubbished the claims by the association citing that the legislation was selective of the law and discriminatory against members of the applicant.
“ The argument is not well founded and lacks substance as the members were involved in liquor business liquor whose consumption has the potential of adversely affecting the health of the consumers thus hence need regulations,” said the judge.
The court cited that traders dealing with farm produce can not in all fairness be treated in the same way in the manufacture, sale, and distribution of alcoholic beverages since their business did not require regulation.
The association in the suit argued that Murang’a County Finance Act 2018, deals with liquor outlets and fees payable such, as and does not provide for payment for both licenses.
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