Public servants in enforcement, compliance sector owning bars ordered to shut down or resign

By , K24 Digital
On Wed, 6 Mar, 2024 12:11 | 3 mins read
Kithure Kindiki
Interior CS Kithure Kindiki. PHOTO/(@Kindiki)X

Interior Cabinet Secretary Kithure Kindiki has ordered public servants in the enforcement and compliance departments operating bars to shut them down or leave public service.

In a statement on Tuesday, Kindiki said the list will entail officers in the National Police Service (NPS), the Kenya Revenue Authority (KRA), the Kenya Bureau of Standards (KEBS), the Anti-counterfeit Authority, Public Health, National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) and the National Government Administration Officers (NGAO).

"All public officers currently operating such premises (bars) are required to shut them down or resign from the service with immediate effect," Kindiki said.

"Section 17(a) of the Narcotics Drugs and Psychotropic Substances Control Act stipulates that a law enforcement officer of public officer who aides and abets any offence under the Act including concealing the commission of any offence and collusion shall be liable to punishment. In this regard officers abetting, concealing or colluding with any person to commit an offence under alcoholic drinks shall be liable as per law," he added.

Kindiki says that officials in the sector who have been found compromising the fight against alcohol and substance abuse have already been punished severely.

Kindiki said that trade, consumption, and abuse of illicit alcohol, narcotics, drugs and psychotropic substances now rank as one of the five key national security threats.

"As previously indicated, the trade, consumption, and abuse of illicit alcohol, narcotics drugs and psychotropic substances now ranks as one of the five key national security threats, that include terrorism, banditry and livestock rustling, cultural, religious and political extremism, and climate change," Kindiki stated.

Kindiki also announced that all licenses and certification permits for second-generation alcohol and alcoholic beverage distillers and manufacturers issued by KRA and KEBS are suspended with immediate effect. 

"All existing valid licenses will be vetted afresh within 21 days of this directive, with premises approved to resume operations only upon receipt of fresh approval," he said.

Kindiki also directed that fresh license applications shall require manufacturers to have Quality Control (QC) laboratories installed with Gas Chromatography with Flame Ionization Detector (FID), operated by competent laboratory analysts to test incoming raw materials and finished products before releasing them 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 on a monthly basis," Kindiki added.

The government has also directed that all alcohol manufacturers establish and document all traders in their distribution chain and have procedures for ensuring full traceability from the factory to the consumer of alcoholic products manufactured for sale. All alcoholic products shall include traceability information including manufacturer details, location, and ingredients/content.

Kindiki also announced that any licences currently issued to bars and other outlets and premises by County Governments that are contrary to the provisions of the Alcoholic Drinks Control Act, especially as relates to licensing of premises within residential areas and around basic educational institutions are null and void. County Security Teams are to secure shut down and seizure of such premises with immediate effect.

Bars operating beyond stipulated times

The government has also directed that no bars or alcoholic outlets shall be allowed to operate beyond the stipulated operation hours as provided in section 34 of the Alcoholic Drinks Control Act. Failure to comply with the directive, Kindiki says, the operator will be fined or imprisoned as provided by law and all the drinks, and related accessories in the premises forfeited with accompanying license withdrawal.

Also, manufacturers and distillers aware of counterfeits of their products and fail to report to the Anti-Counterfeit Authority on the same shall be deemed complicit.

"Licensed manufacturers will be required to furnish County Security Teams with the geo-location and physical details of their licensed premises, as well as stock records per licensed premises. Any other physical premises stocking, manufacturing and housing manufactured stocks will be deemed illegal stocks for destruction," Kindiki added.

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