BY SHABAN OMAR
Kwale bar owners associations have threatened to take the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to court, accusing the agency of violating their constitutional rights.
They claim some NACADA officers have been conducting frequent crackdowns, interfering with operations that fall under county jurisdiction.
He said that the association will move to the High Court to seek clarity on the roles of NACADA and the County Liquor Licensing Board, as they feel the overlapping mandates are causing confusion and unnecessary conflicts.
A section of Kwale Bar Owners led by their chair, Richard Onsongo (centre) at Maasai stage in Ukunda, Kwale County on Thursday, February 20, 2025.
According to the Kwale Chairperson of the Bar Owners Association, Richard Onsongo, NACADA officers have been arresting members over liquor and public health licenses matters that, he insists, are the responsibility of the county government.
He described the actions as unlawful and a deliberate overreach by the agency.
“We have no problem with regulation, but NACADA must operate within its mandate. Issues of liquor licensing and public health inspections are devolved functions, and the county government is the one responsible for enforcement,” he said.
Onsongo said what NACADA is doing amounts to harassment and intimidation.
However, through a phone interview NACADA Coast Regional Manager Reverend Wangai Gachoka strongly denied all the accusations.
He said it is within their mandate and they will continue to arrest anyone who doesn’t comply with rules and regulations.
“We will keep on arresting them until they comply,” he said,
On his part Onsongo added that a significant number of bar operators are struggling to keep their businesses afloat due to what they term as unfair arrests and hefty fines imposed by NACADA officers.
According to Onsongo, bar owners in Kwale have suffered losses amounting to over Ksh 100 million in just one week as a result of the crackdowns.
The business owners are now calling on the Kwale administration to intervene and protect their rights.
Onsongo said that the county should assert its authority over liquor licensing and ensure traders operate without unnecessary interference.
He added that the county government has its own established timeline to ensure that all bar operators comply with liquor licensing requirements and regulations.
Deputy Kwale Chairperson of the Bar Owners Association Geoffrey Otieno said the bar owners will not hesitate to seek legal redress to safeguard their businesses.
He further alleges that NACADA officers have been conducting swoops without clear guidelines.
Otieno said the operators are willing to comply with all regulations but will not tolerate what they perceive as harassment.
“The Constitution clearly outlines the mandate of each entity, and NACADA should explain which law they are relying on to justify their actions,” he said.
Maasai Bar and Restaurant Manager Jonathan Nguma said the unfair crackdowns have severely disrupted their business operations.
Nguma said that bar owners now operate in constant fear of arrests, with some being forced to temporarily shut down to avoid harassment.
He added that instead of conducting frequent arrests, NACADA should have given bar owners sufficient time to comply with the necessary regulations.
Kwale Boda Boda Association of Kenya (BAK) Chairperson Nehemiah Kinyua condemned the arrests, terming them unfair and oppressive to bar operators.
He said that BAK fully supports the Bar Owners Association and will stand with them to ensure their rights are not violated.
Kinyua further noted that boda boda operators are equally affected by the crackdown, as the closure of bars directly impacts their daily earnings.
“Majority of our clients come from the bars, and if anything happens to the bar business, we are also affected,” he said.
