NAIROBI, Kenya – The High Court has declined to temporarily suspend the government’s controversial ban on online alcohol advertisements, leaving thousands of digital content creators grappling with uncertainty over their livelihoods.
Justice Bahati Mwamuye on Tuesday rejected an application by two Kenyan content creators seeking interim orders against the enforcement of Clause 6.5.2 of the National Policy for the Prevention, Management and Control of Alcohol, Drugs and Substance Abuse (2025).
The clause, introduced earlier this year, effectively bans the promotion of alcoholic products on digital platforms—especially through influencer marketing—citing the need to shield youth from exposure to harmful substances.
The petitioners, Fidel Shammah Omusula and Brian Muthengi Kimanzi, argued that the policy was enacted without public participation and has already begun to disrupt income streams for digital creatives and marketers across the country.
“If the Court does not act now, the policy will cause irreparable harm to us and thousands of Kenyans who rely on brand partnerships for survival,” Omusula told the court. “It will render this case useless if damage is already done.”
However, Justice Mwamuye ruled that the respondents—including Interior Cabinet Secretary Kipchumba Murkomen, Attorney General Dorcas Oduor, and the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA)—must first be served with the petition and given an opportunity to respond.
Government, LSK Must Respond
In her directions, the judge ordered the respondents and the Law Society of Kenya (LSK), listed as an interested party, to file their responses by August 29, ahead of a mention on October 6, 2025, when the court will issue further directions on the expedited hearing.
The ruling delays hopes for an immediate injunction but sets the stage for a wider legal showdown over the constitutionality of the government’s digital ad restrictions.
Creators Cry Foul
Omusula and Kimanzi, through their lawyer Joseph Makau, argue that the policy infringes upon rights protected under Articles 33, 35, 43, 46 and 47 of the Constitution—namely freedom of expression, access to information, economic rights, and consumer protection.
“This is a direct attack on Kenya’s digital economy,” said Kimanzi. “Thousands of young Kenyans earn a legitimate income through platforms like TikTok, YouTube and Instagram. To shut this down overnight, without consultation, is both reckless and unlawful.”
Makau added that the ban discriminates against online entrepreneurs and lacks the due process required for far-reaching national policies.
“The government cannot legislate in the dark,” he said. “You cannot take away livelihoods in the name of public health without engaging the very stakeholders you’re affecting.”
A Balancing Act
While the petitioners insist they were never consulted, the government maintains that the policy is crucial in protecting minors and reducing growing substance abuse among youth.
NACADA has repeatedly warned of alcohol and drug ads normalizing consumption among impressionable audiences online.
