Naivas stays open – City Hall overules Nairobi MCAs

Naivas Supermarket outlets will remain open after the Nairobi County Executive pushed back against a demand by the County Assembly Health Committee to shut down the retail chain.

The Executive says the conditions presented by the ward reps do not satisfy the legal standards required for immediate closure under public health laws.

The committee, led by Health Chairperson Maurice Ochieng, had recommended the supermarket’s closure following a surprise inspection at the Moi Avenue branch.

The team claimed they found expired yoghurt, food items without expiry dates, and uncertified staff handling products.

"We are here at Naivas Moi Avenue, and we have realised that there are expired products on the shelf, putting Nairobians at risk," said the committee.

"Also, we found out that the people handling this product have not been tested. Therefore, as a committee, we resolve to close all the Naivas outlets in Nairobi so that they can be tested and be given certificates so that they are able to serve the Nairobians," the committee further added.

But in a clear shift from the Assembly’s hard stance, the Johnson Sakaja led administration says the inspection findings do not meet the bar for enforced closure under the Food, Drugs and Chemical Substances Act, Cap 254.

"The Director of Environmental Health, Anthony Muthemba, conducted an independent follow-up assessment of the premises and concluded that the issues identified did not meet the legal threshold for immediate closure," County Chief Officer for Public Health," Tom Nyakaba stated.

He added that decisions to suspend or shut down food establishments must follow due process and be backed by technical reports.

"Based on the Director of Environment’s report and technical guidance, the Nairobi County Executive determined that the premises should remain operational while the necessary documentation and compliance matters are reviewed administratively," Nyakaba said.

The statement signals a clear divide between the Assembly and the Executive on how to handle alleged public health risks.

While the MCAs wanted swift and public-facing action, the Executive is sticking to a legal and evidence-based process.

Naivas, in its own statement, has already denied all allegations.

"No expired products have been found on our shelves, and we maintain stringent internal quality control and stock management systems across all our branches to ensure product safety and compliance with health regulations," it said in a statement.

The supermarket chain also made it clear that no branch has been shut down, and all operations are running as usual.

"All our stores remain fully operational and compliant with all national and county-level standards set by the Kenya Bureau of Standards (KEBS), the Ministry of Health, and relevant bodies," said Naivas.

As investigations continue, the Nairobi Executive has reiterated its commitment to upholding food safety without bending to pressure or politics.

"Our approach is evidence-based and anchored in the rule of law," said Nyakaba.