By: PHILIP MUYANGA
The Court of Appeal has declined to issue temporary orders that would have prevented the implementation of the Mombasa County’s Liquor Licensing Act 2014.
The three judge bench of Mr Milton Makhandia, Mr William Ouko and Mr Kathurima M’inoti turned down the appeal issued by Mombasa businessman Patrick Kabundu.
In his application at the appellate court, the businessman also sought to suspend all prosecution related to the county’s Liquor Licensing Act until the case was heard and determined.
Mr Kabundu based his application on the fact that Mr Justice Anyara Emukule, who heard his petition made a ruling founded on falsified documents which were relied upon by the respondents who passed the Act.
However, the county government dismissed the application saying it lacked merit and that the court did not have jurisdiction to suspend the execution of the Act.
ABUSE OF COURT PROCESS
In his replying affidavit, the county director of legal services, Mr Jimmy Waliaula, said the application is an abuse of the court process and should be struck off.
“This court does not have jurisdiction to issue a stay of execution on prosecution cases carried out by the county prosecutor in Mombasa,” said Mr Waliaula.
Through its legal counsel, Mr Israel Ruhu, the Mombasa County Assembly said the Act had already been declared constitutional and cannot be suspended at the interim stage and any such orders can only be issued after the appeal is heard and determined.
Mr Ruhu said the Act which has been in operation for nine months has benefitted the county through increased revenue in form of direct taxes.
“Since the Mombasa Liquor Act is already in force, the applicant was required to have complied with its requirements including applying for the requisite licences,”said Mr Ruhu.
The court directed the applicant to file his submissions within seven days while the respondents were given 14 days.
SOURCE: DAILY NATION