Producers now seek court order to block alcohol law

By Judy Ogutu

Officials of the Liquor Manufacturers Association of Kenya are seeking for a conservatory order suspending the Alcohol Drinks Control Act from coming into operation.

Peter Njoroge Mwangi, Francis Gundu Kaisha, Anthony Kinyanjui Karanja as well as the association have sued the Attorney General.

In an urgent suit filed at the High Court in Nairobi, they want the order to be issued pending hearing and determination of the petition.

Main objective

Through their advocate Alloys Apell Kwengu, the applicants argue the Act authorises the National Campaign Against Drug Abuse to perform the role of a regulatory agency in respect of its affairs while at the same time its stated principle objective is to limit, suppress or eradicate the supply of alcohol.

"This runs contrary to the constitutional principle that one cannot be a judge in his own cause," the group argue.

According to them, Nacada’s considerations of fulfilling its mandate as established under the State Corporations Act and "amplified" in its strategic plan will be seen to compromise decisions concerning them as manufacturers of alcoholic drinks.

This, they argue, is because they find themselves placed directly under Nacada.

They fear Nacada might be biased while dealing with or evaluating their liquor licence applications.

"The Act was purposely enacted to deprive the petitioners of their right to equal treatment, fair hearing and is discriminatory," they argue.