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Tuesday, November 10, 2026

Court Suspends Online Alcohol Sales in Nairobi, Sets Tough Age Verification Rules

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Court Suspends Online Alcohol Sales in Nairobi, Sets Tough Age Verification Rules
KAM is also challenging the process through which the higher rate was introduced, arguing that there was inadequate public participation before the tax increase took effect.

NAIROBI, Kenya Nov 10 – The High Court in Nairobi has issued interim orders suspending the sale and delivery of alcoholic drinks through e-commerce applications, websites and other digital marketplaces within Nairobi City County unless operators comply with strict licensing, access and age-verification requirements.

In orders issued on Monday, November 9, 2026, Justice David Mburu certified as urgent an application filed by David Biketi Wati against the County Government of Nairobi, the Nairobi City County Alcoholic Drinks Control and Licensing Board and other parties.

The court allowed prayers two and three of the application on an interim basis pending the hearing and determination of the application.

Under the orders, online platforms, vendors and other persons involved in the sale or supply of alcoholic drinks must possess the relevant licences and authorisations required by law.

The court further directed that alcoholic drinks be listed exclusively in separately designated and access-restricted digital sections.

Access to these sections must be protected through secure customer authentication, such as a password or personal identification number, alongside reliable age verification confirming that customers are at least 18 years old.

The safeguards must be completed before users are allowed to access the alcohol section.

The court also directed that a purchaser’s age must be verified before a transaction is completed, while the recipient’s age must be independently confirmed before the alcoholic drinks are handed over or delivered.

Additionally, the court restrained the advertisement, marketing and promotion of alcoholic drinks through hyperlinks, interactive advertisements and other digital mechanisms that direct users to purchasing platforms without first complying with the prescribed authentication and age-verification requirements.

The orders come days after Nairobi City County announced plans to strengthen regulation of the alcohol industry through the proposed Nairobi City County Alcoholic Drinks Control and Licensing Bill, 2026, which seeks to address emerging challenges in the sector, including the growing popularity of online alcohol sales and delivery services.

Trade and Hustler Opportunities Chief Officer Lydia Mathia said the proposed legislation would bring online alcohol businesses and delivery services under stronger regulatory oversight, while strengthening licensing requirements and safeguards against irresponsible alcohol distribution. She said the reforms were intended to protect consumers, particularly young people, while ensuring legitimate liquor businesses operate within a transparent and accountable regulatory framework.

Mathia also highlighted concerns over underage drinking and irresponsible alcohol advertising, noting that the County intends to strengthen consumer protection, improve oversight of the alcohol supply chain and tackle counterfeit and illicit liquor. The proposed Bill further seeks to promote responsible drinking, public awareness and rehabilitation support for people struggling with alcohol dependency.

The orders mean that online alcohol sales cannot proceed unless the platforms and vendors meet the conditions set out by the court.

The petitioner has been directed to serve the orders and directions upon the respondents and interested parties within two days.

The respondents and interested parties have seven days from the date of service to file and serve their responses.

The matter will return to the Milimani High Court on November 18, 2026, for confirmation of compliance and further directions.

The court warned that disobedience or failure to comply with the orders could attract penal consequences.

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