Relief For Alcohol Manufacturers, as Court Rules

The High Court has declared the 2015 directive by President Uhuru Kenyatta on illicit brew illegal, stating that the move was contrary to the constitution.

Justice George Odunga on Friday also abolished regulations on alcoholic drinks set by Interior Cabinet Secretary Joseph Nkaissery, citing they were not formulated through a consultative process.

The ruling came following a case filed by the East African Breweries Limited (EABL) and other parties opposing the President's July order that directed Members of Parliament from Central Kenya to lead the war against illicit brews in their constituencies.

“We cannot allow this (sale and consumption of the illicit brews) to continue. As elected leaders, you know where and who is behind these brews. My phone will be open 24 hours this weekend. Call me when you need me.” Kenyatta told leaders.

EABL had earlier argued that Kenyatta's order had not defined second and third generation drinks, leading to the destruction of its brands that had been mistaken to be in the prohibited category.

The President's utterance was taken seriously with a crackdown being launched on all second generation alcohol, including destruction of manufacturing premises. 

As he concluded the ruling, Justice Odunga directed affected companies to appear before the court on February 1 for purposes of computing losses incurred.

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