The High Court has temporarily halted digital alcohol sales and deliveries in Nairobi.
Justice David Mburu orders digital vendors to restrict alcohol access and verify buyers’ and recipients’ ages.
The High Court has temporarily suspended online alcohol sales and deliveries within Nairobi City County. The orders require digital vendors to meet licensing, authentication and age-verification requirements.
Milimani High Court Judge David Mburu issued the orders on November 9. They cover alcohol listings, sales, orders, supply and deliveries through e-commerce applications, websites and other digital marketplaces.
The suspension will remain pending the hearing and determination of the application or further court orders.
Safeguards for online alcohol sales
Justice Mburu directed platforms and vendors to place alcoholic drinks in separate sections with restricted access. Customers must authenticate themselves using a password, personal identification number or an equivalent secure method.
Platforms must also reliably establish that users are at least 18 before allowing access to those sections. Vendors must verify buyers’ ages before completing transactions, while delivery recipients must undergo independent age checks before receiving alcohol.
The court also restricted digital promotions that bypass these safeguards. Advertisements, hyperlinks and other promotional tools cannot direct users to alcohol purchasing facilities without the required authentication and age checks.
These requirements therefore extend beyond the point of purchase to platform access, promotional routes and the final handover.
Petitioner challenges licensing framework
The orders followed an urgent application by David Biketi Wati, dated November 3, 2026. He sued the Nairobi City County Government, its Alcoholic Drinks Control and Licensing Board, and the county assembly.
Wati argued that existing regulations did not adequately prevent minors from accessing alcohol online. He said that on October 30, Jumia Kenya allowed users to add alcoholic drinks to shopping carts without first checking their ages.
He also challenged online alcohol advertisements and hyperlinks that lacked authentication or age checks. In addition, Wati questioned the licensing category for online alcohol marketing and sales under the Nairobi City County Finance Act, 2026.
He argued that the category lacked corresponding safeguards for digital access, transactions and delivery. Wati sought a suspension until adequate regulations were introduced, alongside restrictions on temporary public-event liquor licences unless organisers could verify ages and exclude minors.
The case names five interested parties: the Kenya Association of Manufacturers, Bars, Hotels and Liquor Traders Association of Kenya, Retail Trade Association of Kenya, Kenya E-Commerce Association and Metropolitan Liquor Traders Association.
Justice Mburu certified the application as urgent and gave respondents and interested parties seven days to file and serve responses. Meanwhile, Wati must serve the orders within two days.
The court will mention the matter on November 18, 2026, to confirm compliance and give further directions.
