Counties step up war on illicit alcohol

County assemblies seem to be in a hurry to pass laws that will regulate the sale and consumption of alcohol even as governors caution there will be difficulties in implementing them.

So far, Kakamega, Vihiga, Nyeri, Embu and Nyandarua counties have initiated the process of implementing the Alcoholic Drinks Control Act to reduce casualties.

The passage of the laws comes in the backdrop of concerns that alcohol-related deaths are on the rise, a factor attributed to lack of control by authorities who cite the absence of regulations as an impediment.

Schedule IV of the Constitution mandates county governments to undertake the function of alcohol licensing and drug control.

In Vihiga County, bar owners will pay a fine of Sh150,000 or a jail term not exceeding five years should Governor Moses Akaranga assent to the Alcoholic and Drinks Control Bill 2014.

“All drinking joints will open at 5pm and close at 11pm during weekdays and between 2pm and 11pm during weekends and public holidays,” states the Vihiga law.

Kakamega Governor Wycliffe Oparanya last month returned a similar Bill to the assembly, saying “some things need to be ironed out”.

However, some governors are concerned that the counties might be unable to implement the alcohol laws due to gaps in the County Government Act.
Kisumu Governor Jack Ranguma wants the function of licensing to be left to the county commissioners as counties prepare to take it up.

Mr Ranguma told a workshop on drug abuse in Kisumu Thursday that the existing laws did not give clear provision on which department should implement the Alcohol Act.

The governor, who is also the chairman of Health Committee in the Council of Governors, said any attempts by counties to implement the Act may lead to a court injunction due to the gaps.

“Most counties have not been able to domesticate the Act. You will note that some of us have placed liquor licensing under the trade portfolio while others have put it under tourism and health departments,” he said.

Nyeri Governor Nderitu Gachagua said all liquor outlets in the county would be required to install a bell to alert revellers to order their last drink at 10.45pm.
Mr Gachagua has assented to the Bill, which also subjects liquor manufacturers to sell all alcohol at depots and not through distribution vans.

THREE YEARS IN JAIL

In Nyandarua County, those who break the alcohol law will pay a fine not exceeding Sh500,000 or face three years in jail in default.

The Nyandarua Alcohol Drinks Control Act, which came into effect last Tuesday, seeks to rid the county of toxic brews.

“The new law, which was launched in Nyandarua is one of the first born sons of the original Mututho Law. I will ensure it is implemented to the letter,” the Nacada boss, Mr John Mututho, said during the launch.

A fortnight ago, Embu Governor Nyaga Wambora assented to Embu Alcohol Drinks Control Bill that carries heavy penalties for culprits.

Brewers and distillers of illegal alcohol in Nandi County face fines of up to Sh2 million or five years in prison if the county assembly passes a new law.

The assembly is in the final stages of passing the Nandi Alcohol Control Bill 2014, which also proposes tough penalties for brewers and distillers found operating without requisite licences.

The Bill also proposes a Sh10,000 fine for anyone found drunk and disorderly besides seeking to bar the selling of alcohol on credit to already drunk patrons.
Siaya, Kisumu, Kakamega, Homa Bay and Migori are yet to pass the laws.

Reported by Silas Apollo, Derick Luvega and Tom Matoke