Chang'aa now legal but must be bottled

By Peter Opiyo and Beauttah Omanga

If you love your chang'aa or busaa you can now sip from your sparkling glass or rusty tin that once contained cooking or engine oil without having to look behind your back.

This is because President Kibaki rolled up his sleeve and signed into law the Bill passed by Parliament, bringing to closure the era of police and the chief discreetly patrolling urban and rural dwellings for the daredevils who either sold or imbibed what was until on Wednesday illicit liquor.

But before consumers start toasting to their new found freedom of drinking according to the depth of one’s pocket, Naivasha MP John Mututho, who came up with the Bill has a word of counsel.

"Even though traditional brews are now legal, I expect Kenyans to drink responsibly," he told The Standard from Ghana.

He also said a new law should be passed by Parliament to condemn to life sentence those found guilty of lacing brews with poisonous agents – so that Kenyans can only be served that which is pure and does not kill or blind.

Like Ugandans who marvel about their waragi and Tanzanians their konyagi, Kenyans can now boast of their own drink – distilled and packed to conventional standards and in the open – not riversides, behind sewer lines, and garbage dumps.

Kibaki appended his signature to the Alcoholic Drinks Control Bill 2010, alongside the Prevention of Organised Crime Bill 2010, and Commission of Inquiry (Amendment) Bill 2009.

The Alcoholic Drinks Control Bill repeals the Chang’aa Prohibition Act, which made it illegal to produce or consume traditional liquors like chang’aa.

But there is a caveat – production and consumption of the drink must adhere to certain rules according to the new law.

Among the rules are that the drink shall only be manufactured, packed, sold, or distributed in glass bottles of a capacity of not less than 250 millilitres. The drink shall also not be sold to those under age 18.

On Wednesday, a section MPs lauded the President’s move, as bold but said there should be strict quality control rules.

Positive move

Alego-Usonga MP Edwin Yinda rooted for big distilleries to be allowed to distribute to sellers the methodically and hygienically distilled drink to ensure standardisation and safety standards.

"We have had resistance from Church leaders but we need to educate them that it is a positive move that comes with controls so that it is not abused," said Mr Yinda.

"It will be regulated and licensed and taxes levied. It can be a formal employer that will engage many people in the rural areas," Yinda argued.

Assistant Minister Wilfred Ombui welcomed the President’s move saying now the challenge was on the brewers and the Kenya Bureau of Standards.

The North Mugirango Borabu MP said: "The President has done what he was expected to do but now that alone will not work unless the brewers respect the lives of their customers by avoiding lacing the drink with other chemicals."

Some MPs are, however, opposed to the new law with Chepalungu MP, Isaac Ruto, saying he will champion amendment to the law to eradicate the manufacture and consumption of the local brews. "Chang’aa should remain banned. I will bring an amendment to this new law," said Ruto.

Adulterated alcoholic

Mumias MP Benjamin Washiali said he is skeptical about how the Government will enforce the new requirements, pointing out that it would be hard to ensure all local brews are tested before being allowed into the market.

"How will we manage this, because the brews will have to undergo tests? I am still in doubt on the effectiveness of the new law. I don’t think the Government has the capacity to effect this," said Washiali.

Manyatta MP Emilio Kathuri said he did not support the law, pointing out it was better the drinks were banned.

According to the Alcoholic Drinks Control Act anybody who sells alcohol to minors risks a jail term of one year or a fine of Sh150, 000 or both. To rein in on those who lace alcohol with poisonous substance, the Bill prohibits the sale of adulterated alcoholic drinks. Those who violate this law risk five years in jail or a fine of Sh5 million or both.

And every retailer must display a board measuring at least 12 by eight inches displaying the message ‘WARNING’ together with the health effects of alcohol to the underage.

In Kisumu residents of Obunga, Manyatta and Nyalenda slums welcomed the legalising of chang’aa, saying it would reduce deaths in the slums.

The residents said changaa traders would now conduct their business without police harassment.

A resident John Obanda said, "We are happy that we can consume and drink without any disturbance. Some of the MPs were educated from the proceeds of chang’aa, and we are happy with the development."

Automatic vending

The new law also outlaws the sale of alcohol through automatic vending machines and the sale or packaging of alcoholic drinks in sachets.

It also protects the purchasers or consumers of alcoholic drinks from misleading and deceptive inducements to consume alcoholic drinks and consequent dependence or abuse.

The new law seeks to provide a legal framework for the control of the production, sale, and consumption of alcoholic drinks, to protect public health.

It further seeks to strengthen the licensing regime for alcoholic drinks by repealing and re-enacting with modifications the Liquor Licensing Act. It also proposes measures to eliminate illicit trade in alcoholic drinks, including smuggling, illicit manufacturing, and counterfeiting. It also has provisions for treatment and rehabilitation programmes for addicts.