Nakuru court sends alcohol petition to Nairobi

What you need to know:

  • Judge refers matter to Constitutional and Human Rights Court.

The High Court in Nakuru has referred a petition by a liquor manufacturer seeking to overturn a decision blocking the sale of his products packaged in plastic bottles to the Constitutional and Human Rights Court.

Lady Justice Abigail Mshila declined to touch the petition by a Nairobi-based liquor manufacturer which sought to have the Laikipia County Alcoholic Drinks Control Bill, 2014 reviewed as it bans the sale of alcohol packaged in plastic bottles.

The liquor firm moved to court to protest against the County assembly’s move to legislate packaging which was later assented to into law by Governor Joshua Irungu.

The Laikipia County Alcoholic Drinks Control Bill, 2014 Section 35 subsection(1) states that “No person shall sell, manufacture, pack or distribute an alcoholic drink in sachets or such other form as may be prescribed under this Act or any other relevant written law.”

The petitioner sought to overturn Section 35 subsection 2 clause b which says that “any other distilled or fortified alcoholic drink shall only be manufactured, packed, sold or distributed in glass bottles” — thereby totally banning the sale in Laikipia of all drinks packaged in plastic bottles.

Due to its availability and affordability, plastic is preferred to glass bottles.

The law warned that anyone found selling any drink in a plastic bottle risked being fined Sh50,000 or a jail term of not more than six months.

Interestingly, it was not explained why the petitioner bypassed the Nyeri High Court and sought a Judicial Review from the High Court in Nakuru.

The judge referred the case to Nairobi’s Constitutional and Human Rights Court for hearing and determination.