THE KIAMBU COUNTY LIQUOR LICENSING AND ENFORCEMENT CONSPIRACY:

EPISODE (1) NACADA.

The County Government of Kiambu is operationalizing it liquor licensing in a "dowry structured negotiations".

There is a uniquely formed cooperation bond between the County Government, Nacada, National Government's enforcement, state and public officers and a recently formed liquor traders welfare group which is supported by the County Government and pays it's allegiance and loyalty to the Governor.

The platonic engagement and action aimed at sharing common interests is an ignominious failure due to the fact that it is not grounded on sound policies, structured participation, implementation and lawful enforcement, lacking in facts and not legally sound hence a public disgrace, shameful, and undignified and therefore superfluous and archaically neoclassical.

Reasons:-

1) Nacada is not absolute but semi - autonomous in the performance of it's functions under the cabinet secretary of Interior and Coordination of National Government which is the reporting authority of the County Commissioners and their subordinates.

It is worth noting that section 68 subsection 1, 2 ( clause h) of the Alcoholic  Drinks Control Act No. 4 of 2010 gave the Minister powers on recommendation from the Authority (Nacada) to make 'Consumer rights protection regulations for the purchaser and the consumer of any Alcoholic drink not to be mislead as to it's quality, quantity, character, value, composition, effect, merit or safety in order to prevent injury or harm to the health of the consumer' a duty they Abardoned, neglected, ignored and/or refused to comply and legislate.

 "Minister" as read with the adaptations, modifications, qualifications, and exemptions necessary to bring it into conformity with the Constitution reads 'Cabinet Secretary'.

Ten years is inordinately too long for the Nacada not to have recommended to the Cabinet Secretary Interior and Coordination of National Government to make Consumer Rights Protection Regulations yet on matters liquor they pretend to coordinate a multi - agency taskforce vide a mission statement not law.

Liquor licensing as a devolved function can only legally be issued under section 14(1) of the impugned Kiambu County Alcoholic Drinks Control Act 2018 only and not 'Mututho' Law.

Operation hours are prescribed and based on the type of license issued.

It's an abuse of court process for accused persons to be charged for either operating without license or contravening under 'Mututho' law as it is unjustifiably perverting or misusing underlying legal action which brings about unjust harasment and malicious prosecution by misusing public right of access to Justice where criminal cases are registered in court for the sole purpose of causing fear and intimidation to coerce, arm twist, compel and/or force compliance fearfully without due process.

The actions are against the principles of the governance of the rule of law under the provisions of Article 10(2) of the Constitution, Fair Administrative Actions Act, and against the Public Officer Ethics Act and Leadership and Integrity Act for state officers and public officers to promote lawlessness as is happening during meetings called to intimidate and subdue Liquor traders and this requires resilience in the face of intimidation and seek redress in a constitutional Court of competent jurisdiction for the relevant orders and/or writs.

No more threats on liquor traders within the territorial jurisdiction of Kiambu County. Liquor traders are coming from a crisis and are yet to fully re-stock the expired products leave alone pay for the business premises rent arrears and service accrued loan arrears.

For all purposes and intent, good faith and well meaninng intentions are meaning intentions are meaningless if the object and design is constitutionally objectionable.