Content creators suffer legal setback as court declines to halt ban on online alcohol advertisements

Court Declines to Halt Government Ban on Online Alcohol Ads, Leaving Creators in Limbo

Digital content creators have suffered a significant blow after the High Court declined to suspend the government’s controversial ban on online alcohol advertisements.

Justice Bahati Mwamuye, delivering the ruling on Tuesday, refused to issue interim orders to stop Clause 6.5.2 of the National Policy for the Prevention, Management and Control of Alcohol, Drugs and Substance Abuse (2025), which restricts digital alcohol advertising.

The petition was filed by two Kenyan content creators, Fidel Shammah Omusula and Brian Muthengi Kimanzi. They argued that the policy was introduced without stakeholder consultation and threatens the livelihood of thousands of young Kenyans who rely on brand partnerships across digital platforms.

Despite their plea for urgent intervention, the court directed that Interior Cabinet Secretary Kipchumba Murkomen, Attorney General Dorcas Oduor, the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), and the Law Society of Kenya be served with the petition.

“The respondents (CS Interior, the AG and NACADA) and the interested party (LSK) shall enter appearance and file and serve their respective responses to both the application and the petition by close of business August 29, 2025,” ordered Justice Mwamuye.

The matter will be mentioned again on October 6, 2025, to confirm compliance and provide further directions on the expedited hearing of the case.

In their petition, the creators argue that the clause banning influencer marketing was enforced without engaging stakeholders. They contend it infringes on their rights and poses irreparable harm to their incomes.

“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 their survival. It will render this case useless if damage is already done,” said Omusula.

While the government defends the move as necessary to curb rising substance abuse among youth, the petitioners argue it violates multiple constitutional rights, including freedom of expression, access to information, and economic rights.

“We were not consulted, yet we are directly affected. The policy was imposed without hearing from content creators, advertisers, or the digital community,” Omusula added in his affidavit.

Represented by lawyer Joseph Makau, the petitioners argued that the policy discriminates against digital entrepreneurs, many of whom depend on platforms such as TikTok, Instagram, and YouTube.

“The government cannot legislate in the dark. You cannot take away livelihoods in the name of public health without engaging stakeholders,” said Makau.

Kimanzi added, “This is a direct attack on the digital economy. Thousands of young Kenyans earn a legitimate income through digital platforms. To shut this down overnight, without consultation or due process, is both reckless and unlawful.”