Date Posted: 10/8/2011 4:28:12 AM
Posted By: luyali Membership Level: Silver Total Points: 120
The Alcoholic Drinks and Control Act NO. 4 of 20101 IntroductionAlcohol abuse, which is the excessive and or unhealthy consumption of alcoholic drinks, has emerged as a major hindrance to the health, social and economic development of the people of Kenya. A study by NACADA in 2007 revealed that nationally, 13% of the population then consumed alcohol, and that illicit brews and second generation alcohol including Chang’aa was consumed by over 15% of 15-24 year olds. It has also emerged that alcohol abuse is responsible for a wide variety of harmful effects that Kenyans are exposed to ranging from failing health to diminished productivity, social disharmony, exposure to HIV/STI’s infections and traffic accidents, among other. This was reflected in Murang’a Bar Operators & Another vs. Minister of State for Provincial Administration and Internal Security . Where the learned judge stated as follows: ‘…it is in the public domain that prior to the enactment of the Act, the county, on a number of occasions, witnessed very sad incidents where hundreds of people lost their lives due to consumption of adulterated alcoholic substances...’ This year alone several people have died due to excessive consumption of alcohol most notably being those who died in Banana area of Kiambu.Between April and August 2010, more than 45 people lost their lives while many others were blinded following consumption of adulterated alcohol in various parts of the country. This include 12 people who died in Nairobi’s Shauri Moyo Estate in April 2010, the five victims who died in Thindigwa village in Kiambu District in July 2010, the more than 23 people who died in Kibera Estate also in July 2010, and the five deaths confirmed in Laikipia in August 2010. Also in previous instances, 50 people died of Chang’aa poisoning in Machakos in July 2005 while close to 512 persons were admitted to Kenyatta National Hospital suffering from Chang’aa poisoning in November 2000. Also according to the report, there have emerged notable trends in the production, manufacture, sale, promotion and consumption of alcohol drinks that tend to fuel alcohol abuse in the country. These include increase in the number of alcoholic drinks selling outlets especially in urban residential areas, near learning institutions, in supermarkets and convenience stores and in rural villages. Secondly, easy access alcoholic drinks and excessive consumption of alcoholic drinks even by persons under 18 years. Thirdly, increase in adulterated alcoholic drinks and illicit brews leading to death and injury. Fourthly, aggressive marketing, promotion of alcoholic drinks especially with messages targeting young people and sponsorships of events for persons below the age of 18 years by the alcoholic drinks industry. The above concerns necessitated the development of legislations that would curb the situation hence the drafting and enactment of the Alcoholic Drinks and Control Act 2010 . The Act would address the entire spectrum of the alcoholic drinks industry from production to consumption. Also, the legislation seeks to mitigate negative health social and economic impact resulting from the excessive consumption and adulteration of alcoholic drinks.2. Necessity of the Act It is common knowledge that the life of a human person is of paramount importance. This is both captured in the new constitution as well as in the International Laws instruments. For instance, pursuant to article 43 of the constitution, every person has the right to the highest attainable standards of health, which include the right to health care services. This presupposes a social right which the state is supposed to guarantee. Consequently pursuant to the universal Declaration of Human Rights, everyone is entitled to the highest attainable standard of health. Also under the International Covenant on Economic, social and cultural rights, state parties are called upon to ensure to its citizens that the highest attainable standards of health care are available.Therefore, the Act comes in handy to provide the necessary safeguards that are geared towards realization of the above rights. This is captured in the preamble which is to the effect that: “it is an act of parliament to provide for the regulation of the production, sale and consumption of alcoholic drinks, to repeal the Chang’aa prohibition Act and the liquor licensing Act.”Also as a social safeguard, the object and purpose of the Act is to provide for the control of the production, sale, and use of the alcoholic drinks so as to protect the health of the individual in the light of the dangers of excessive consumption of Alcoholic Drinks, protects the consumers of alcoholic drinks from manufacturing misleading or defective inducement and inform them of the risk of excessive consumption of alcoholic drinks, protect the health of persons under the age of 18 years by preventing the Access of alcoholic drinks, inform and educate the public on the harmful health and social consequences of alcohol, and to promote and provide treatment and rehabilitation programs for those addicted or dependent on alcohol drinks. 3. Mechanisms for realizing its Objectives3.1 AdministrationFor the effective administration of the Act, the NACADA authority is given the mandate to administer it in a number of areas. Firstly, is the maintenance of data on alcoholic drinks consumption and deaths as well as carrying out research, documentation and dissemination of information on alcoholic drinks. This will help the government to plan and implement measures of controlling alcohol abuse in the society. Also it is vested with the duty of promoting national treatment and rehabilitation programs to help individuals who are dependent or addicted to alcoholic drinks. Also, it advises the minister on national policy to adopt regarding production, manufacture, sale, advertising, promotion and consumption of alcohol. The specific issues the Authority is supposed to advice the minister include: permissible levels of constituents of alcoholic drinks. This will enable the minister to determine acceptable levels of various ingredients of alcoholic drinks such as alcohol content. Secondly, it shall advice the minster on harmful constituents or ingredients. This will ensure that manufacturers of alcoholic drinks do not use harmful ingredients to produce alcoholic drinks. It will also test methods of determining alcoholic drinks so as to be in conformity with established standards.As a tool for administration, the Act also establishes the Alcoholic Drinks Control Fund which consist of monies received from license and fees payable under the Act, grants and donations and funds received from property forfeited under to the government. The funds will be utilized to support research, documentation and dissemination of information on alcoholic drinks, promote national cessation programs for individuals who are dependent or addicted to alcoholic drinks and assist operations of the District Committees. 3.2 Licensing The Act seeks to strengthen the licensing regime for alcoholic drinks by repealing and enacting with modifications the liquor licensing Act. It provides in part III in respect of licensing that: no person shall manufacture or otherwise produce, sale, dispose off, or deal with, or import or cause to be imported or exported of alcoholic drink except in accordance with license issued under the Act. Also, there is formed a committee called the District Alcoholic Drinks Regulation Committee to issue licenses under the Act, inspect license premises and any other assigned functions. The committee will replace the current liquor licensing Courts and that they shall be established in every District.
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