Senator Seeks to Abolish License Requirements for Chang'aa, Busaa and Muratina Traders

Parliament
National Assembly proceedings on February 21, 2024.
Photo
National Assembly of Kenya

Kenyan brewers will be able to sell traditional liquors like Chang'aa, Busaa and Muratina without a requirement for licenses should a new bill before the Parliament sail through.

The Alcoholic Drinks Control (Amendment) Bill, 2024, introduced before the house by Nominated Senator Raphael Chimera, seeks to amend the Alcoholic Drinks Control Act to remove the requirement of licensing for traditional alcoholic drinks.

According to the senator, traditional brewed beverages hold an important role in Kenya’s community cultural activities and therefore, regulation on such has been discriminatory.

‘’Traditional brewed drinks are cultural brews prepared since time immemorial for traditional ceremonies of the Kenyan communities such as dowry ceremony, circumcision ceremony, initiation to council of elders, reconciliation of family members, praying for rain, blessing of children and blessing of land,’’ read part of the bill. 

Chimera
Senator Raphael Chimera during a past event.
Raphael Chimera

Chimera revealed that he was inspired to fronting the bill by many Kenyans who, according to him, relied on the sale of traditional brews for their livelihood. He, however, noted that the traders were increasingly disturbed by the police.

‘’It is from the police disturbance and the cries of the traditional liquor brewers that I have decided to present this bill before Parliament so that they can be able to trade in the liquor freely without a need for licensing,’’ the lawmaker added.

Traditional brews like Chang'aa were initially not legal to brew and sell prior to 2010 in Kenya when then President Mwai Kibaki signed an Act of Parliament that lifted the ban.

The legalisation attracted condemnation from those who believed that the presidential actions would hurt the strides made in the anti-consumption campaigns.

However, the act made it difficult for the brewing and sale of such traditional drinks by introducing stringent and tedious means to obtain a license.

Currently, the law stipulates that any person who engages in the production and sale of traditional drinks without a license is liable to a prison term of five years and/or a fine of Ksh2 million.

''A person who contravenes the provisions of this section commits an offense and shall be liable to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding five years, or to both,'' the Alcoholic Drinks Control Act _No. 4 of 2010 states. 

Chimera's bill does not seek to alter the regulations on the sale of traditional drinks.

This means that licensed operators still harbour the right not to admit or expel any person who shows up at their premises while already intoxicated and disorderly.

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