Mnazi traders to enjoin DPP in harassment case

Mnazi sellers in solidarity outside Mombasa Law Courts on October 17, 2016 after the hearing of their harassment case. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

What you need to know:

  • The traders are also seeking suspension of all cases pending at Shanzu Law Courts relating to possession and selling of mnazi.
  • Justice Njoki Mwangi on Monday noted that the DPP is better suited to respond to issues relating to prosecution of the cases at the lower court.

Mnazi (palm wine) traders have been directed to amend their plea and enjoin the Director of Public Prosecutions (DPP) in a case in which they want police stopped from harassing them.

The traders are also seeking suspension of all cases pending at Shanzu Law Courts relating to possession and selling of mnazi.

Justice Njoki Mwangi on Monday noted that the DPP is better suited to respond to issues relating to prosecution of the cases at the lower court.

Mr Stephen Kahindi Baya and Ms Tumaini Masha Wanje have sued the Dog Section-Kisauni and Nyali police bosses, who were represented by the Attorney-General.

The applicants, who are part of Upendo palm wine self-help group consisting of 50 members, are seeking orders stopping the police from harassing them or customers found drinking mnazi in Kisauni sub-county pending the hearing of the case.

Through their lawyers, the sellers said palm wine trade is one of their major economic activities enabling them to cater for their families.

In his affidavit, Mr Baya said on several occasions, police have harassed the sellers and had them charged saying they were in possession of an alcoholic drink that does not conform to the law.

“As a self-help group, we have been depending on the sale of mnazi and it has educated majority of our children,” Mr Baya said.

He claimed police have been collecting bribes of up to Sh10,000 from every group member yet mnazi is a natural drink.

Hundreds of mnazi sellers, who were accompanied by Nyali and Kaloleni MPs Hezron Awiti and Gunga Mwinga, packed the court room during the hearing.

The court directed parties to take the hearing dates at the Registry.

After the court session, the traders, accompanied by Mr Awiti, held demonstrations along Dedan Kimathi Road, Nyerere Avenue and Moi Avenue, walking up to Uhuru Gardens.