High Court restricts online alcohol sales in Nairobi over age verification concerns

In orders issued on November 9, 2026, at the Milimani High Court suspended the listing, offering for sale, ordering, sale, supply and delivery of alcoholic drinks through e-commerce applications, websites and other digital marketplaces unless operators comply with strict licensing, age-verification and consumer protection requirements.

The court directed that all digital platforms facilitating alcohol sales must possess the necessary licences and authorisations under the law.

It further ordered that alcoholic drinks be offered exclusively through designated and access-restricted digital sections, with customers required to undergo secure authentication using passwords, personal identification numbers or equivalent mechanisms.

The safeguards also require platforms to reliably establish that customers are at least 18 years old before granting access to alcohol purchasing services.

Additionally, the court directed that a purchaser's age must be verified before a transaction is completed, while the recipient's age must independently be confirmed before delivery or handover of the alcoholic drinks.

The orders also prohibit digital advertisements, hyperlinks and other promotional mechanisms from providing avenues through which users can bypass the prescribed authentication and age-verification safeguards.

In a separate directive, the court restrained the advertisement, marketing and promotion of alcoholic drinks through hyperlinks, interactive advertisements and other digital mechanisms that direct consumers to transaction-enabled alcohol listings or purchasing facilities without first complying with the stipulated safeguards.

The orders followed an application filed by David Biketi Wati against the County Government of Nairobi, the Nairobi City County Alcoholic Drinks Control and Licensing Board and another respondent.

The court certified the application urgent and allowed prayers two and three on an interim basis pending the hearing and determination of the application.

The petitioner has been directed to serve the orders and court directions on the respondents and interested parties within two days, while the respondents and interested parties have seven days from service to file and serve their responses.

The matter will be mentioned on November 18, 2026, to confirm compliance and for further directions.

The interim orders signal increased judicial scrutiny of digital alcohol distribution, particularly concerns surrounding underage access, online advertising and compliance with alcohol licensing regulations.