JUDGEMENT
1. The Petitioner initially filed the undated Petition and contemporaneously filed a Notice of Motion dated 12/3/2024 filed on 13/3/2024, seeking conservatory orders under Articles 40 and 159 of the Constitution of Kenya. Multiple other statutory Provisions of the Constitution and rules were cited along with the Constitutional Provision.
2. On the other hand, the Respondents filed a replying affidavit sworn by Abdirisac Jaldesa, the County Commissioner of Nyandarua County. He deponed that following the recent numerous loss of lives due to consumption of illicit/illegal alcohol in the country, the Cabinet Secretary, Ministry of Interior, and National Government issued directives on measures to curb illicit brews issued according to Section 4 (2) of the Preservation of Public Security Act.
3. The Respondents deponed that under Paragraphs 6 and 25 of the directives, the deponent was instructed to shut down all bars operating near residential houses and schools and those not approv…