The High Court has set licensing and age-check conditions for digital alcohol sales in Nairobi.
The High Court requires licensed vendors to restrict digital access and verify buyers’ and recipients’ ages before completing sales or deliveries.
The High Court has suspended online alcohol sales and deliveries in Nairobi County unless operators meet licensing and age-verification conditions. The interim orders cover e-commerce applications, websites and other digital marketplaces.
Justice David Mburu issued the orders on November 9, 2026, after certifying David Biketi Wati’s application as urgent. Wati filed the case against the Nairobi County Government, its Alcoholic Drinks Control and Licensing Board, and other parties.
The judge granted two prayers temporarily, pending the hearing and determination of the application. Platforms, vendors and other suppliers must hold the licences and authorisations required by law.
Age checks for online alcohol sales
Operators must place alcoholic drinks in separate, access-restricted digital sections. Before entering these sections, customers must complete secure authentication, such as a password or personal identification number.
They must also undergo reliable age verification confirming that they are at least 18 years old. These safeguards apply before customers can access the alcohol listings, rather than only at checkout.
In addition, operators must verify the purchaser’s age before completing a transaction. They must independently confirm the recipient’s age before handing over or delivering the drinks.
The restrictions also extend to digital advertising, marketing and promotions. Hyperlinks, interactive advertisements and similar tools cannot direct users to purchasing platforms without first meeting the authentication and age-verification requirements.
County plans stronger alcohol regulation
Meanwhile, Nairobi County has proposed stronger oversight through its Alcoholic Drinks Control and Licensing Bill, 2026. The court orders follow the county’s announcement of plans to address challenges including online sales and deliveries.
Trade and Hustler Opportunities Chief Officer Lydia Mathia said the proposals would strengthen licensing and oversight of digital alcohol businesses. She said the reforms aim to protect consumers, particularly young people, while supporting accountable operations by legitimate businesses.
Mathia also raised concerns about underage drinking and irresponsible alcohol advertising. The proposals seek stronger supply-chain oversight, action against counterfeit and illicit liquor, public awareness and rehabilitation support for alcohol dependency.
For the court proceedings, Wati must serve the orders and directions on respondents and interested parties within two days. Those parties then have seven days from service to file and serve their responses.
The matter returns to Milimani High Court on November 18, 2026, for confirmation of compliance and further directions. The court also warned that disobedience or non-compliance could attract penal consequences.
