Daytime city drinkers start six months in jail

Under this Act a maximum penalty fine of Sh50,000 or nine-month jail term is imposed on defaulters of Section 34 (a) of the Alcoholic Drinks Control Act of 2010 which came into force August 2010. Photo/FILE

Several people found drinking alcohol outside legal hours started serving their jail terms after they failed to raise heavy fines by a Nairobi court.

On Thursday, the Makadara Court fined 25 drinkers and beer sellers a total of Sh830,000 or serve a total of 150 months in jail. Bars are required to operate between 5pm and 11pm.

Each of the revellers arrested consuming beer at 2pm at Sabina Joy Club on Moi Avenue, Nairobi County, were fined Sh30,000 or serve six months in default. Four who were selling the drinks were fined Sh160,000.

Most of the 25 accused persons were aged between 20 and 26. They were arraigned before a resident magistrate Daniel Kinaro who told them:

“The Mututho rules on alcohol must be implemented.” Mr Kinaro imposed the fines when the suspects admitted the offences.

They were charged with consuming alcoholic drinks contrary to Section 34 (a) of the Alcoholic Drinks Control Act of 2010 which came into force August 2010.

“Under this Act a maximum penalty fine of Sh50,000 or nine-month jail term is imposed on defaulters,” the magistrate told the convicts.

He told them since they were first offenders a fine of Sh30,000 will be imposed on each or six months in default.

But this penalty did not go down well for one suspect, Mr Said Karume Pondo ,who protested:

“A fine or bond of Sh50,000 is too much for me. I was arrested when attending to a call of nature. I can’t raise that bail. I will spend my life in detention.”

He further told Mr Kinaro: “Police flushed me out of a toilet. I had gone for short call.” He wondered how answering a call of nature can turn out to be so unkind and harsh on him.

Another, Ms Caroline Mueni also pleaded: “I was not taking beer. I’m not a drunkard.” Both Pondo and Mueni were released on a cash bail of Sh50,000. They will stand trial February 2, 2011.

All the convicts could not raise the fines immediately. They were escorted to Industrial Area and Langata Women prisons to begin their jail terms.