State suspends licences of all second-generation alcohol manufacturers

The government has announced tough restrictions in its war against drug and substance abuse.

In a move that is set to have far-reaching consequences on manufacturers and traders in the alcohol and beverage industry, the state has cancelled all licenses and certification permits for second-generation alcohol and alcoholic beverage distillers and manufacturers issued by the Kenya Revenue Authority and Kenya Bureau of Standards.

Interior Cabinet Secretary Kithure Kindiki on Wednesday read the new provisions, describing those selling illegal alcohol and other outlawed drugs as "terrorists".

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

The government has instead through the Ministry of Interior and National Administration invited all currently licensed manufacturers and distillers to a meeting to be held on March 12, 2024, on the decision.

The government now wants manufacturers making fresh license applications to have Quality Control (QC) laboratories installed with Gas Chromatography with Flame Ionization Detector (FID).

"This must be operated by a 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) every month," Kindiki said.

The state 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, ingredients or content," said Kindiki.

The far-reaching measures also direct ⁠the Kenya Bureau of Standards to ensure that within 45 days, all industrial ethanol is denatured or marked with a denaturing agent (denatonium benzoate) to prevent diversion.

"Null and void"

According to the government, 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 now null and void.

The new directive also spells 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 which the operator shall be fined or imprisoned as provided by law and all the drinks, and related accessories in the premises forfeited with accompanying license withdrawal.

In a tough directive to manufacturers, all distillers who are aware of counterfeits of their products and fail to report to the Anti-Counterfeit Authority 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," directed Kindiki.

The new regulations also spell tough conditions for law enforcement officers involved in selling narcotics and harbouring suspects selling it.

The directive now also bars officers involved in the fight against narcotics and illegal alcohol from operating premises selling the same.

The CS has also directed that all landlords or premise owners aiding and abetting flouting of these fresh regulations be held liable for renting out space for the establishment of bars in prohibited areas.

Chemists' directives

All chemists and agrovets are now expected 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.

"All unlicensed and noncompliant drug manufacturers, agrovets and chemists are to be shut down with immediate effect. The list of currently approved and licensed establishments has been shared with county security teams for reference," Kindiki directed.

According to Kindiki, all licensed pharmacists and veterinary doctors dispensing prescription drugs without a prescription shall also be deregistered.

The government also said all vehicles and buildings used in the storage, manufacturing and trafficking of illegal drugs, illicit brews and alcohol shall be seized and deemed to be government property.



"The Ministry of Interior and National Administration and Ministry of Health shall put in place measures for branding and colour specification of all alcoholic and tobacco distribution vehicles. Such products are to be transported between the hours of 6 am and 6 pm only. The guidelines are to be issued within 14 days from this directive, with manufacturers expected to secure full implementation within 45 days, " Kindiki said.

Both Kindiki and Deputy President Rigathi Gachagua stressed that a multi-stakeholder approach has been instituted to strengthen surveillance, enforcement and compliance at all levels led by the National Government Administrative Officers.

The government has also moved to conduct surveillance at the border points to be undertaken through a multi-agency framework.

To enforce compliance with the package according to the Alcoholics Drinks Control Act, the Kenya Bureau of Standards shall within 60 days, review the guidelines on the minimum quantity of alcoholic drinks to enhance the same from 250ml to 750ml or higher.

All enforcement agencies shall undertake integrity vetting of all officers manning border points, highways and regional offices. Only officers of integrity and good standing will be appointed to conduct surveillance at the border points and highways especially Namanga and Isebania, Moyale and Isiolo.

The Ministry of Health has been urged to issue directives for all Level 3 and above hospitals to establish dedicated rehabilitation wards and facilities in line with existing norms and standards.

In particular, the amendments to the Alcoholics Drinks Control Act county licensing are conditional on the receipt of a clearance certificate from NACADA as a pre-condition for the issuance of a license to sell, distribute and otherwise deal with alcoholic drinks.

All County Security Committees have received the existing approved and licensed list of manufacturers, distillers, pharmacists, and agrovets.

The Committees have been directed to shut down and destroy all illicit manufacturing installations, distilleries, agrovets and chemists not within the approved list of licensed enterprises within 10 days of the directive.

County Security Committee Members will now be held liable and subject to disciplinary action where an unlicensed manufacturing installation, distillery, agrovet or chemist is found operating in their respective jurisdiction.