Alcohol dealers in Kiambu say crackdowns illegal

Governor Ferdinand Waititu has declared war against alcoholism after assenting to the County Alcoholic Drinks Control Act which outlaws all wines and spirits shops in Kiambu County. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Last month, youth and police broke into a wines and spirits shop in Kiambu town and took off with alcoholic drinks worth an estimated Sh4.5 million.

  • Reports indicate that after the raids, the youth, who are not in the county’s payroll, are selling the stock to alcohol dealers in Murang’a and Nairobi counties at throwaway prices.

  • In some instances, notably in Kikuyu sub-counties, the raids have turned confrontational, leaving the youths injured after being attacked by the public.

Liquor dealers in Kiambu County are accusing Governor Ferdinand Waititu's administration of destroying their businesses in the fight against alcoholism.

Licensed liquor dealers are counting losses after their shops were raided by county officials and groups of youths and their stock taken away.

Already, more than 20 sellers, mostly wines and spirits dealers, have made reports to police.

In some instances, notably in Kikuyu sub-counties, the raids have turned confrontational, leaving the youths injured after being attacked by the public.

20 YOUTHS

On inquiring about their stock, the alcohol sellers say the county administration officials told them they are not in their stores, raising questions about where they are taken after the raids and by whom.

Reports indicate that after the raids, the youth, who are not in the county’s payroll, are selling the stock to alcohol dealers in Murang’a and Nairobi counties at throwaway prices.

One of the victims, Esther Njeri, says she lost stock estimated to be worth Sh1.2 million after officials from Kiambu Directorate of Alcoholic Drinks Control, with the backing of two police officers and more than 20 youths riding in six county vehicles, raided her wines and spirits shop at OJ in Ruiru on March 27, 2018 at around 6pm.

She says she received a call from her employee informing her the county officials, accompanied by visibly intoxicated youth, were forcing their way into the shop.

EXHIBIT

“They took away all alcohol stock and loaded into county cars. They even took away Sh52,000 which was in the cash box,” says Ms Njeri.

Later, Ms Njeri said, she contacted the county seeking to know the fate of her stock only to be told that it was not in the county exhibit store.

Shocked, she reported the matter at the Ruiru Police Station (OB 15/5/4/2018).

“My concern is where my stock was taken because it was never delivered to the county stores,” she said, adding that one of the county officials be held accountable.

Kiambu Bar Owners Association chairman Richard Kagiri said so far about 30 traders have recorded statements with the police after their businesses being raided and stock carted away.

ILLEGAL

Mr Kagiri said only one case has been acted on and two youths who are not county employees were arrested and charged in court after they took part in a similar raid at a bar in Kabete.

Mr Kagiri said last month, youth and police broke into a wines and spirits shop in Kiambu town and took off with alcoholic drinks worth an estimated Sh4.5 million.

Mr Kagiri said whatever is happening is illegal, adding lawful raids should be conducted by gazetted national and county government officers.

He said the officials should give the reason for the raids as required by Article 49 of the Constitution, and if they have to take away the stock, they should make an inventory which should be signed by the owner of the shop or any arrested person.

"The exhibits should be kept in a gazetted county exhibit store so that they can be produced in court as and when they are required."

THROWAWAY

“Whatever is happening in Kiambu is plain robbery,” Mr Kagiri said, adding that they have established that the stock is later sold at a throwaway price to alcohol dealers in Nairobi and Murang’a counties.

Mr Waititu has declared war against alcoholism after assenting to the County Alcoholic Drinks Control Act and outlawed all wines and spirits shops in the county, but alcohol dealers have already challenged its legality in court on grounds of its constitutionality.

According to Mr Kagiri, the law was never published in the Kenya Gazette as dictated by Article 199 (1) of the Constitution.

Geoffrey Kaara, head of Kiambu Directorate of Alcoholic Drinks Control which is leading the crackdown, did not respond to our calls to comment on the matter. Previously, Governor Waititu has claimed that those against the crackdown are part of a cartel that has been raking in a fortune from selling killer brews.