Uhuru broke law on illicit liquor crackdown, court says

The State on Friday suffered a major setback after last year’s crackdown on illicit liquor was found to be illegal.

Justice George Odunga said President Uhuru Kenyatta had acted unlawfully when he issued a directive for the crackdown on the alleged illicit liquor operators because he failed to act according to the Constitutional provision which stipulate how such directives should be issued.

The application against the State had been filled by several liquor operators who had been affected by the crackdown all over the country, which was being conducted by politicians and members of the public led by administration police officers.

UNLWAFUL MANNER

The Alcoholic (Control) Regulations 2015, which were issued by Interior Cabinet Secretary Joseph Nkaissery were also nullified because they were not formulated through a consultative process.

The court also nullified the Kenya Bureau of Standard’s (Kebs) letter dated July 3, 2015 which suspended the licenses of Keroche Breweries and other manufacturers of alcoholic products.

Kebs was found to have acted in an unlawful manner because it did not give the affected companies and individuals an opportunity to be heard before the decision to cancel their licenses was made.

“The act of blanket condemnation cannot be said to be lawful. Each case should be treated on its own merit after the affected have been given an opportunity to respond to the allegations leveled against them,” said Mr Justice Odunga.

APPEAR IN COURT

The judge also directed the affected companies to appear in court on February 1, for purposes of computing damages and losses which were incurred during the state led operations on their premises.

Keroche Breweries through lawyer Paul Muite had claimed that the refusal to renew its licence for the 2015 to 2016 financial year is part of a scheme by the government to unlawfully shut down its operations.

Kebs had also cancelled Keroche’s licence to produce Crescent gin, brandy and whisky brands.

Mr Justice Odunga in his ruling, however, said that illicit drinking in the country has gone to levels beyond proportion and called on state authorities concerned with registration and licensing to ensure that only qualified firms whose products have been certified are allowed to operate.