The Alcoholic Drinks and Drugs Control (Amendment) Bill, 2026, which has undergone First Reading in the National Assembly, is the government’s latest attempt to deal with illicit alcohol. But the Bill assumes that restricting alcohol sales is the answer to a problem rooted in enforcement.
Kenya already has laws regulating the manufacture, distribution, sale and consumption of alcoholic drinks. They are not consistently enforced. More restrictions risk making it harder for legitimate businesses to operate while leaving illicit suppliers untouched.
The proposal to raise the minimum legal drinking age from 18 to 21 is a case in point. At 18, Kenyans can vote, marry and enter contracts. Yet the Bill would restrict their ability to consume alcohol and limit their employment opportunities. Industry modelling suggests the change could put Sh3.31 billion in annual retail and hospitality revenue at risk, threaten close to 10,000 jobs and close about 2,000 outlets. Businesses are already prohibited from selling alcohol to anyone under 18 and we in the bars and restaurants business adhere to that and self-regulate effectively. In Nyeri, bar and restaurant operators have agreed after consultations to stop stocking and selling some brands that have failed the integrity test.
Supermarkets also don’t sell to minors. Where minors access alcohol, it is often through illicit channels. Raising the age will not fix poor enforcement.
The Bill proposes banning alcohol sales in supermarkets and online, home deliveries and hawking; restricting consumption in public places; imposing a 300-metre buffer around schools; limiting transportation to 6am–6pm; and requiring glass packaging with non-refillable caps. It introduces a Sh2-per-litre levy and registration for all alcoholic drinks, including traditional brews. It also bans shisha and nicotine pouches, online alcohol advertising, and carries penalties of up to Sh10 million or five years’ imprisonment. Such measures could restrict access to regulated products, increase business costs and push consumers towards informal markets. Creating a levy to fund the National Authority for the Campaign Against Drug Abuse entrenches further the attempt by the national government to take more of counties’ functions.
We must avoid, by all means, the risk of consumers turning to informal and illicit markets. While we support the government’s efforts to curb illicit alcohol, we should not weaken legitimate manufacturers, bars, retailers and hospitality businesses only to create more room for illicit operators. The industry supports livelihoods across manufacturing, agriculture, logistics, distribution, retail and hospitality. They should not bear the cost of enforcement failures.
We have seen this problem play out during enforcement operations, where legitimate products are seized alongside illicit alcohol because officers lack the necessary knowledge to distinguish between the two. This only penalises businesses that comply with the law while allowing the real problem to persist. The industry has already invested in working with agencies such as KEBS and KRA to equip enforcement officers with the knowledge to identify illicit products. We have also seen remarkable progress since the creation of the multi-agency taskforce, whose work is intelligence-led and has been going well, with seizures of illicit ethanol and counterfeit brands as evidence. These efforts should be supported and scaled up, not undermined by further restrictions on businesses that are already playing by the rules.
Ultimately, will the Bill reduce illicit alcohol or make it easier for illicit suppliers to thrive? We need effective enforcement, better coordination and a clear distinction between legal businesses and those breaking the law. Fighting illicit alcohol must not come at the expense of legitimate businesses, jobs and livelihoods.
The writer is the national chairman of the Pubs, Entertainment and Restaurants Association of Kenya
