Interior Cabinet Secretary Kithure Kindiki says the measures announced by the government on eradication of illicit liquor and narcotic drugs are irreversible and non-negotiable.
This comes moments after Public Service Cabinet Secretary Moses Kuria questioned the viability of the measures, which he said could hurt legitimate businesses.
Speaking to a local radio station on Monday, Kuria said that the current approach by the government lacks the intellectual aspect, which he sought to bring through soft messaging.
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"I'm here and calling for a third (approach). There is the intellectual approach which is really totally missing," Kuria said, drumming support for further legislation, terming it as a work in progress.
According to Kuria, the problem of illicit brews in the market emanates from the taxation system, which has seen manufacturers either evade taxes or use illegal ingredients to make alcohol.
"The war against illicit alcohol can only be won if it is approached from the producer's perspective rather than consumers,” he added.
"When you buy the ethanol, you have to buy input duty. At the point of production, you pay excise duty to KRA. When you are slapped with the invoice for excise duty of the final product, you say (to KRA) you had paid input tax so it is deducted. Most of the time, these guys have not paid the input tax but still get a deduction, meaning it is KRA who is subsidizing illicit brews," Kuria added.
"I will put legislation in the Finance Bill to stop input tax so that when you pay the output tax there is nothing to claim back."
Kuria said that the closure of bars and the current crackdown will not solve the menace of illicit brews in the country.
"It is not the first time bars are being closed. Sometimes you need to fight the battle with different tactics, weapons and strategies. This particular time I am convinced that we need a softer approach and an intellectual approach," he said.
On his side, Kindiki says nothing will be amended out of the 25 measures put by the government to curb illicit brew.
"The measures announced by the Government last week on eradication of illicit liquor and narcotic drugs are irreversible and non-negotiable. The 25-point policy and operational guidelines are not a declaration of war with businesses, enterprise, revenue collection or science but meant to conclusively deal with the menace of poisonous and toxic substances that are destroying lives and hurting the future of our Country," Kindiki said.
"Unlike previous operations that used economic, social, political and commercial interests as a rationale to combat the manufacture, sale, consumption and abuse of illicit alcohol, narcotic drugs and other psychotropic substances, the challenge at hand is an existential National Security threat, similar to terrorism, and the Government will deploy all the available resources and measures to exterminate it."
Kindiki highlights measures against illicit brew
Addressing journalists after a consultative meeting at Deputy President Rigathi Gachagua's official residence in Karen, Nairobi on Wednesday, March 6, Kindiki announced the suspension of all licenses and certification permits for second-generation alcohol and alcoholic beverage distillers and manufacturers, issued by Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (KEBS).
The CS said that all existing valid licenses must be vetted afresh within 21 days. Only premises receiving fresh approval will be allowed to resume operations.
"Pursuant to (1) above, the Ministry of Interior and National Administration invites all currently licensed manufacturers and distillers to a meeting to be held on Tuesday 12th March 2024 at 10.00am on the above prescription. Due notifications will be issued by separate cover," Kindiki said.
"Fresh license applications shall require manufacturers to have Quality Control (QC) laboratories installed with Gas Chromatography with Flame Ionization Detector (FID), and this MUST be operated by competent laboratory analyst to test incoming raw materials and finished products before releasing to the market.
"The laboratories should register with a provider of inter-laboratory comparison and submit their QC results to the Kenya Bureau of Standards (KEBS) on a monthly basis," he added.
In the new guidelines, all public officers in the enforcement and compliance chain including KRA, KEBS National Police Service (NPS) and NACADA have been barred from owning or operating a bar directly or through proxies.
"All public officers currently operating such premises are required to shut them down or resign from the service with immediate effect. Cross-referencing of the Public Service Commission, National Police Service Commission and distinct agency staff records shall be undertaken to secure compliance thereof," the CS stated.
CS Kindiki has also ordered immediate shutdown of bars, and clubs operating within residential areas and schools.
"All landlords or premise owners shall be deemed aiders and abetters thereof and be held liable for renting out space for establishment of bars/ wines and spirits outlets in prohibited areas pursuant to section 20(c) of the Penal Code," he added.
Under the new regulations, all chemists and agrovets are required to submit their licenses to the Pharmacy and Poisons Board and Veterinary Medicines Directorate for verification within 30 days, failure to which they shall be deemed unlicensed for closure.
