Spirits makers sue MP and Kenyan government for vandalism

The ongoing crackdown on second generation alcoholic drinks is unfairly targeting legitimate enterprises, manufacturers of spirits have said.

They have now moved to the High Court claiming they are being unfairly targeted despite having requisite documentation from the counties and the Kenya Bureau of Standards.

Through lawyer Kabugu Muguku, the Spirit Manufacturers Association told the court they have lost massive investments to what they call "looting" under the watch of law enforcement agencies.

"The inaction and deliberate impotence of the law enforcement agencies points to tacic approval of the unconventional and unfortunate means of enforcement through looting mobs," Mr Muguku said.

"It amounts to unlawful countenance of lawlessness and is a clear abdication of duty to uphold, protect and promote the rule of law by the law enforcement agencies," he told Justice Isaac Lenaola.

The manufacturers sued Attorney General Githu Muigai, Inspector General of Police Joseph Boinett, Interior Cabinet Secretary Joseph Nkaissery and Kabete MP Ferdinand Waititu.

"The products manufactured by the members of the petitioner are regularly inspected and certified fit for human consumption by competent public bodies before licences to manufacture and distribute are issued," Lenaola heard. The manufacturers claimed they are being treated to a blanket condemnation in the four-day campaign.

President Uhuru Kenyatta vowed to take personal charge in the fight against alcoholism and sale of illicit brews but the manufacturers now claim that the directive was misconstrued to have been directed at legitimate manufacturers and distributors of alcoholic drinks.

"The pronouncements by the President have exacerbated the situation and led to increased raiding of licensed retail and wholesale outlets in Kiambu and Central region. The looting and wanton destruction of licensed alcoholic drinks outlets has been allowed to continue unabated and is in fact encouraged by public officials," the court heard.

Justice Lenaola ordered that the respondents be served and appear before him today.