List: 25 new guidelines as war on illicit liquor intensifies

Deputy President Rigathi Gachagua. [DPCS]

In the wake of the fight against illicit brews, the government has come up with a list of guidelines aimed at bringing the menace to a halt.

Deputy President Rigathi on Wednesday warned that border point security chiefs in Migori, Busia, Bungoma, and Kajiado counties will be held liable for any bhang and ethanol smuggled into the country.

Interior Ministry boss Kindiki Kithure also fired warning shots against any bars and alcoholic joints found operating within residential areas and those located near learning institutions.

The new measures include:

Alcohol manufacturers establish and document all traders in their distribution chain and have procedures for ensuring full traceability from the factory to the consumer of alcoholic products manufactured for sale.

The Kenya Bureau of Standards (KEBS) has been tasked to ensure that all industrial ethanol is denatured or marked with a denaturing agent (denatonium benzoate) to prevent diversion and/or the accidental use of industrial ethanol in alcohol manufacture within 45 days.

No bars or alcoholic outlets shall be allowed to operate beyond the stipulated operation hours as provided in section 34 of the Alcoholic Drinks Control Act. Failure to which the operator shall be fined or imprisoned as provided by law and all the drinks, and related accessories in the premises forfeited with accompanying license withdrawal,” the directive from Interior Cabinet Secretary Kithure Kindiki stated.

At the same time, manufacturers and distillers aware of counterfeits of their products and fail to report to the Anti-Counterfeit Authority on the same shall be deemed complicit.

Law enforcement officers or any public officer who aids and abets any offence under the Narcotics Drugs and Psychotropic Substances Control Act, including concealing the commission of any offence and collusion shall be liable to punishment.

Further, and in line with the Public Ethics Act, all public officers in the enforcement/compliance chain (KRA, KEBS, Anti Counterfeit Authority, Public Health, NACADA, NGAO, NPS) shall not own and operate a bar directly or via proxy.

All public officers currently operating such premises are required to shut them down or resign from the service with immediate effect.

Further, landlords or premise owners shall be deemed aiders and abettors and be held liable for renting out space for the establishment of bars and wines and spirits outlets in prohibited areas under section 20 (c) of the Penal Code.

Under the same measures, all chemists and agro-vets are to submit their licenses to the Pharmacy and Poisons Board and Veterinary Medicines Directorate for verification within 30 days, failure to which they shall be deemed unlicensed for closure.

All licensed pharmacists and veterinary doctors dispensing prescription drugs without prescription shall be deregistered.

Also, vehicles, and buildings used in the storage, manufacturing trafficking of illegal drugs, illicit brews, and alcohol shall under section 74 of the Narcotic Drugs and Psychotropic Substances Control Act be seized and deemed to be government property.

The Kindiki-led ministry, in conjunction with the Ministry of Health, shall put in place measures for branding and color specification of all alcoholic and tobacco distribution vehicles.

“Further such products are to be transported between the hours of 6 am and 6 pm only. The guidelines are to be issued within 14 days from this directive, with manufacturers expected to secure full implementation within 45 days.”

To secure influx of the illicit drinks from neighboring countries, the government has vowed to heighten surveillance at the border points will be undertaken through a multi-agency framework with key actors including KEBS, Immigration, KRA, NPS, and ACA.

Kenya Bureau of Standards shall, within 60 days, review the guidelines on the minimum quantity of alcoholic drinks to enhance the same from 250ml to 750ml or higher.

“All enforcement agencies shall undertake integrity vetting of all officers manning border points, highways, and regional offices. Only officers of integrity and good standing will be appointed to conduct surveillance at the border points and highways, especially Namanga, Isebania, Moyale, and Isiolo,” said Kindiki.

The government has also outlawed the importation, manufacture, sale, use, advertisement, promotion, or distribution of shisha in Kenya.

The labeling and packaging of all tobacco products in Kenya must comply with the provisions of the Tobacco Control Act 2007 and the Tobacco Control Regulations 2014. Products that do not comply must be withdrawn from the market.

The National Treasury has also been urged to fastrack the harmonization of custom and excise duty of ethanol in the EAC region to prevent arbitrage within 45 days.

The Interior CS has also requested Parliament to prioritize and fastrack the processing of all legislative interventions towards amendments to the Alcoholic Drinks Control Act; Tobacco Control Act; Public Health Act; Pharmacy and Poisons Board Act; Veterinary Medicines Directorate Regulations and other accompanying regulations.