Schools operating next to breweries
In the recent past, alarming cases of drug abuse to school ongoing children has been reported in most parts of the country. Last year, the state ordered the closure of bars that are within 300 meters of learning institutions to help curb the drug abuse menace and prevalence among school-going children. However, this has fallen on deaf ears.
In regard to this, the high court has given a go-ahead to Kitengela International School to operate next to a brewery that is just about 8 meters away. The High Court in its decision argues that it was too early for the distiller to claim that the learning institution may in future raise complaints against the factory’s operations despite its operation since 1986.
In his judgment that dismissed the case filed by the distiller, Justice George Odunga said “It cannot be said that it is the natural sequel to the establishment of the said school in order for this court to find that by establishing its school, the 3rd Respondent intends to bring to a halt the operations of the petitioner,”
The school classes are located just next to the wall of the distillery where the molasses storage tank and digester for biogas within the distillery is situated contrary to the provisions of the Alcoholic Drinks Control Act, No 4 of 2010, particularly section 12 thereof.
The distiller’s company argues that the school has continuously violated its right to property by deliberately and knowingly setting up a learning institution that will affect the distiller’s proprietary rights over the land on which the distillery is based terming it as economic sabotage.
This is worrying because the learners will be disrupted by the noise from the brewery and their health conditions too at risk. But even with the fight against alcoholism and drug abuse the National Authority for the Campaign Against Drug Abuse (NACADA) has always promised to have no effort spared to weed out government officials abetting to the vise.
With respect to this, the establishment of the school near the brewery is unlawful and in contravention of the principles established under the Constitution, the Children’s Act, the Alcoholic Drinks Control Act, and the Basic Education Act.
The school is set to deploy security guards to ensure the safety of 305 pupils as they study within the roar of heavy trucks ferrying materials and alcoholic drinks to London Distillers limited when the schools reopen.