Restaurants react to government proposal to limit alcoholic drinks

Francis Mbogo PERAK Nairobi Chairman, Alice Opee PERAK National Chairlady and Amor Thige PERAK Nairobi Vice Chairman

NAIROBI, KENYA: Restaurant operators are up in arms over regulations circulated for public participation on sale of alcohol.

The Pubs, Entertainment Restaurant Association of Kenya (PERAK) instead wants the Government to take action on establishments that break the law by opening beyond prescribed hours and fail to enforce health and safety measures.

Speaking at a press conference in Nairobi on Wednesday, PERAK chairperson Alice Opee said the protocols on the reopening of the tourism sector included eateries and restaurants but not bars, discos, and entertainment joints.

“There have been a few isolated incidents of the breach of laws that have been highlighted in social, print, and broadcast media, and these can be recorded in any sector. They should not be used for collective punishment of the entire sector. Offenders should be individually charged in courts,” said Ms. Opee.

PERAK said restaurants and eateries that have reopened have already gone through a lengthy and expensive process to be allowed to do that and it would be unfair to administer collective punishment to all outlets because of the crimes of a few.

“If the proposals are approved, it means that the only place where alcohol can be consumed is in people’s homes. This goes against the spirit of the Alcoholic Drinks Control Act, which bans sale and consumption of alcoholic drinks in the presence of children,” said Ms. Opee.

The association said the new measures would force the majority of the workforce in the industry back home and would further worsen the economic troubles they have just started recovering from.

“The isolated businesses highlighted in the media are not members of PERAK, and as such we disassociate our members and the association from their heinous act in flouting the laws as laid down by the Government,” said Ms. Opee.

PERAK also asked law enforcement officers of the Government to play their role without fear or favour.

“Our sector supports more than 1.8 million people directly and indirectly and we are afraid that collective punishment because of the wrongs of a few would not only be unfair but would end up with dire consequences for them and their families,” said Ms Opee.

Although the draft regulations were neither unsigned nor published on the Ministry’s website or the Kenya Gazette, they have caused concern as they would affect a large population.

PERAK also asked the Summit of the Governors and the President to make a prudent decision that would balance the need to keep the economy alive and the health of Kenyans.

PERAK also criticised the unilateral order by Kiambu Governor James Nyoro banning the sale of alcohol in the county.

A set of rules in a draft regulation by the ministry of health intends to govern the sale and consumption of alcoholic drinks during the Covid-19 pandemic.

Health Cabinet Secretary Mutahi Kagwe proposed the rules under the Public Health Act, Cap 242.
In the draft notice, Kagwe said, anyone who disregards the rules commits an offence and is liable for punishment.

“Alcoholic drinks shall not be sold to sit-in customers at restaurants, eateries, bars, food courts, supermarkets, wines & spirits shops or in any business establishment,” the notice reads.

He noted that operating hours of any business establishment that sells alcohol shall be between 9am and 7.30pm.
The notice also says that nobody should take any alcoholic drinks in public places and these include public parks, restaurants, parking lots, eateries, bars, entertainment joints, supermarkets or wines and spirits shops.

“A person who commits an offence under these rules shall, on conviction, be liable to a fine not exceeding Sh20,000 or to imprisonment for a period not exceeding six months or both," the draft notice reads.

Public Health Director Francis Kuria said he was aware of the document’s circulation on social media. He noted that it was not legal as it did not have a number.

“This is a draft document that is circulating on social media. It is a notice that has no number. It is a draft and should be under the office of the Attorney General. Once it gets a number and becomes a legal notice then we can talk about if further,” said Kuria.

He added that it is circulating offices probably for comments from technical officers. Currently, anyone can order an alcoholic drink as they eat at a restaurant.