How rules on alcohol sales are changing Christmas

By STANDARD TEAM

The new laws on alcohol, or "Mututho rules" as they are now commonly referred to, have changed the taste of Christmas for those who love alcohol.

But The Standard also established that the police are not implementing the new laws evenly, with many establishments in Nairobi being allowed to break the rules openly.

More public education will also needed to acquaint Kenyans with the new laws.

Mr Francis Kaiga who lives in Ongata Rongai said this was his worst Christmas, and called for the new laws, which are now being described as impractical, to be amended for ardent beer lovers like him to enjoy their tipple.

New stringent laws spoilt party for revellers and affected sale of alcoholic beverages in entertainment spots during the Christmas celebrations. [PHOTO: peter ochieng /STANDARD]

"This has been the worst Christmas for me. The law is punitive and should be repealed," Kaiga told The Standard.

And the reason he is angry is that bars were not allowed to open until late in the afternoon, even though it was a holiday, to comply with the new regulations.

On Christmas day, thousands of beer lovers sat pensively outside their favourite entertainment spots, some perusing newspapers, as they waited for the 5pm opening time stipulated in the new Alcohol Control Act.

The case was the same in Nairobi West, Westlands, Buru Buru and Madaraka. The usual sight of drunken revellers staggering and shouting at the top of their voices was largely absent in the city this festive season. But in what could be considered a positive development from laws that are being described as punitive by some, Police Spokesman Eric Kiraithe said cases of accidents and crime were lower this Christmas.

In Mombasa, where many holidaymakers traveled to, drinkers resorted to bars located in the rural areas or outskirts of the town to beat the requirement on drinking and opening hours, while others turned to traditional liquor such as palm wine (mnazi).

Others had to agree to be locked up inside bars while they drank, to ensure they were safe from arrest as the Government enforced the Act. On Friday, President Kibaki said the law should be implemented to the letter.

"The new law is good on paper, but it is not practical. Main bars and restaurants in town complied with the new law, but many establishments outside the city’s Central Business District defied the law and conducted business as usual," said Mr Sam Ikwaye, chief executive officer of the Pubs, Entertainment and Restaurants Association (Perak).

Police also appeared not to be even handed in implementing the law with several upmarket bars and nightclubs in Nairobi’s Parklands, Hurlingham and Lang’ata areas serving alcohol well beyond the stipulated 3pm limit.

Secretly served

Ikwaye said supermarkets enjoyed a sharp rise in sale of alcohol as many drinkers resorted to buying alcoholic drinks as they waited for the bars to open.

He called on the National Campaign Against Drugs Abuse Authority (Nacada) to initiate amendment to the Act and embrace dialogue with stakeholders, saying many Kenyans may rely on secretly served traditional liquor.

Some analysts say that the Government may rethink the laws if tax revenues from alcohol sales drop significantly.

"We fear that the catering levy used by Government for training and marketing in the tourism industry will drop following the introduction of the Act," he said.

He said the law was punitive and did not put into consideration the emerging concept of a 24-hour economy.

Surprisingly, despite the law being meant to protect minors from being exposed to sexual predators and alcohol, some parents claimed they could not enjoy themselves because they are not allowed to go with their children into any establishment that sells alcohol.

The new law stipulates that any parent found in a bar with his or her child is liable to pay a Sh150,000 fine, while bar operators who sell beer to under minors (those under the age of 18 years) must be ready to pay up to Sh2 million, regardless of the capital outlay of their investment.

"In the past years we have been going out with my children without any hitch. The children would play as I imbibed my favourite alcoholic drink, but the law prohibits this," said Kaiga.

Crafty traders have devised new tricks to beat the Act. Some establishments would sell alcohol as early as 10am, but lock their doors to cheat the new laws. Others were selling spirits in soda bottles.

"Mututho" rules

Revellers were also shocked when bartenders told them that they could only be served with drinks after they buy food.

"I was shocked when I was asked whether I had eaten before being served my drink, and when I replied in the negative, the bar man refused to sell me alcohol until I eat," said John Wafula.

In some premises that sell alcohol, the so-called "Mututho rules" were pasted on walls to remind Kenyans of the strict timelines and conditions of the new law.

"The law should be relaxed during festive seasons so that Kenyans and tourists who want to have fun can do so without any fear. We are making many losses and come January, we will be forced to lay off some workers," said a city bar owner.

But the supermarkets recorded booming business from selling alcohol as more people decided to drink in the safety of their homes.

"This year we will celebrate with our families and friends at home, since most pubs open late and close early," said Fred Obunga who had bought several crates of beer from an Eastlands super market.

A spot check by The Standard, however, revealed that Nakumatt was the only leading supermarket observing the new regulations to the letter.

In the ever busy Nakumatt Lifestyle in Nairobi’s Central Business District, supermarket shelves containing alcoholic beverages had notices informing the public that only persons over 18 years are allowed to buy alcohol.

Susan Orengo, the manager of the supermarket said they also intend to cage the shelves to deter under-age persons from accessing the drinks.

"We have put provisions to ensure that the new law does not affect our Christmas sales. We have labeled the shelves containing alcohol, and even indicated that no children or persons under 18 can buy alcohol," said Orengo.

— Reporting by Isaiah Lucheli, Peter Orengo and Patrick Beja