The owners of a pub in Dagoreti whose license was cancelled over claims of operating beyond curfew hours have sued the state.
Dlux Limited Trading as the uptown local is accusing the Nairobi city county alcoholic drinks control and licensing board of making an arbitrary decision following complaints by residents.
The residents of Dagoreti had complained that the bar operated beyond government-stipulated curfew hours which led to action being taken by the city-county.
But the owners of the bar are now saying that decision to revoke their license was done irregularly as the procedure was not followed.
For a start, they said there is no legal basis for revoking the license because there was no official report made in relation to operation beyond curfew hours.
Secondly, the board did not inform the bar owners of any complaints against them and as such, they never were afforded an opportunity to respond or even challenge the same.
And as a result of the action of the board, the court was told, the bar owners have suffered loss and exposed them to recovery action by suppliers, financiers, landlords and other third-party obligations.
“The respondent acted with impunity thereby putting the business of the ex parte applicant in a precarious state and further breached ex parte applicant’s legitimate expectation to operate their business and make profits having complied with all legal requirements,” the court was told.
On their part, the bar owners said they have operated their business in strict compliance with curfew hours.
They now want the court to hear their case urgently and stop the board from implementing its decision.
They asked the court to give an order to quash the decision by the board to revoke their license.
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