Alcohol brewers clash with Ezekiel Mutua

Kenya Film and Classification Board CEO Ezekiel Mutua. (Photo: David Gichuru/Standard)

Manufacturers of alcoholic beverages have gone to court to stop prosecution of their top officials.

Alcoholic Beverages Association of Kenya claimed that the Kenya Film and Classification Board (KFCB) had illegally summoned its officials with intention to record statements and open criminal charges for advertisements promoting their products aired during the festive season.

"Apart from the threat of criminal prosecution, the board has directed Chief Executive Officers of the companies to present themselves for some unclear actions and they don't know whether they will be fined, flogged in public or their licenses be withdrawn," said lawyer Peter Wanyama.

According to the lawyer, KFCB wrote to the manufacturers claiming that they were running unclassified alcohol advertisements and demanded that the Chief Executive Officers of East Africa Breweries Limited and Africa Spirits Limited stop the adverts.

They also wanted the CEOs to present copies of the adverts before the board for examination and to take responsibilities of any sanctions they would impose.

"The manufacturers responded to the board that they lacked the mandate to regulate advertisements but the board has persisted in pursuing the officials in a move that will cripple the companies' operations," said Mr Wanyama.

Wanyama argued that the board's demands and threats of prosecution of the association's officials are against the laws governing alcohol manufacturing and the right to fair administrative process.

He accused the board's chief executive officer Ezekiel Mutua of using unorthodox means to intimidate and threaten manufacturers of alcoholic beverages.

"Mr Mutua has on a number of occasions on his social media accounts stated that he is out to enforce his moral convictions," he said.