Why you won’t have your tipple and drink it too

The law has finally caught up with the Kenyan drinker.

After decades of unregulated drinking, which has caused harm to those who can’t control themselves, Kenyans can no longer drink as they please.

The man in charge of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), Mr John Mututho, is a man on a mission. And he has drawn up a list of rules which you must obey to stay out of jail.

Mr Mututho said Monday that his job is make sure Kenyans drink safely and enjoy the festive period in comfort — but within the law.

“Nacada’s job is to facilitate you to drink safely and enjoy the festive season without breaking the law, disturbing your neighbours or bringing unto yourself the much unwanted harm,” he said.

He bases his rules on drinking behaviour in the next 10 days on the Alcoholic Drinks Control Act of 2010 which regulates the sale of alcohol, legal drinking hours, establishments where the drinks are sold and underage drinking.

And there are rules for everyone — those who will spend the festive period in holiday resorts, on picnics, in the safety of their homes and those who will opt to drink their heads off in their local pubs.

“Whether they decide to go to a pub, a club, a hotel or a lodge there are certain things they will be required to do and others to avoid,” he said.

For those who will take up residence in hotels during the festive season, he says that they will have the freedom of taking alcohol 24 hours without interference from the law, but only within a resident bar.

“If it is inside a lodge, and you have a room and there is a resident bar which is marked clearly and licensed, the bar will be open for 24 hours,” he said.

In the absence of a marked and licensed bar, the residents will be required to buy alcohol and take it up to their rooms.

Mr Mututho warned that for those who will choose to visit wines and spirits shops, which have sprouted all over in middle and low income estates, simply buy your alcoholic drinks and take them home. Drinking at the shops is unlawful.

“In wines and spirits, no drinking is allowed at the site. Anybody found drinking at such a place is breaking the law.

Just buy your drink and go home,” he said.

If you are throwing a party at home, alcohol should not be sold to guests.

If one decides to bring in an outside caterer to sell alcohol, then the caterer will be required to get a temporary licence.

“If you hold a party in your home, you must not sell alcohol.

If you do, you will require a temporary licence which will cost a fortune and time to obtain,” he said.

The former Naivasha MP said all bars should obey the opening hours.

Under all circumstances, he advised parents to ensure that those under 18 years are not allowed near alcoholic drinks — be it at home or in a bar.

He also cautioned trouble makers at bars to keep the peace, saying the licence given to bar owners is not a permit for unruly, drunken behaviour.
While the badly behaved patrons will be arrested, bar owners will be fined, too, if there is an incident.

“If you go to a club, drink but don’t disturb others.

Bars should be places of comfort.

The barman risks being arrested over such things,” he warned.

He emphasised the mantra of “don’t drink and drive” as he clarified that carrying alcohol in a vehicle was not against the law.

You only breach the law, he said, when you drink while on the road.

“Nobody stops you from transporting alcohol; just don’t drink on the way,” he said.

Classification

And the Nacada boss, still, had bad news for fans of cheap alcoholic drinks when he said that they will publish a list of genuine drinks and illegal ones before the New Year.

This, he said, will be accompanied by the reason for the classification of drinks based on the substances used in their manufacture and their alcoholic content.

“By New Year, we would have printed and circulated a list of all genuine drinks.

We will also print one for those which are not genuine and give reasons for doing so.

For instance, we will explain the contents of methanol and lead in such drinks and high levels of ethanol,” he said.