NOTIFICATION OF GOVERNMENT ACTION ON ERADICATION OF

ILLICIT BREWS, DRUG AND SUBSTANCE ABUSE

MARCH 6, 2024

H.E Dr William Ruto, among other issues, was elected on the premise of
restoring dignity to the people, especially at the bottom of the socio-
economic pyramid. To do so, the President identified key areas that required
radical Legal, Policy, Administrative and Operational Reforms.
Illicit Brews, Drugs and Substance Abuse majorly among teenagers, the
youth and even the elderly, are not only a grave social concern but is now
an existential threat to the wellbeing and sustainable future of the country.
They are directly and negatively impacting economic growth and
development, ruining lives and livelihoods, occasioning family disintegration,
facilitating crime and the spread of disease such as HIV/AIDS and indeed,
are a major Health and Security Threat.
Every household in Kenya hosts and can relate to incidences of alcohol and
drug abuse.
It is on this basis that the President assigned the Deputy President, H.E
Rigathi Gachagua, the role of leading the war on Illicit Brews, Drugs and
Substance Abuse. Strategic consultative regional meetings bringing together
senior security officers, National Government Administration Officers,
Members of Parliament and County Assemblies, lead Ministries and Agencies,
religious groups, opinion leaders and the community have been held in Mt
Kenya, Lower Eastern, Rift Valley and Coast Regions. Key regulators within
the Pharmaceutical and Veterinary fields have been activated to similarly
moderate the illegal and irregular use of regulated prescription drugs that
have now began to find their way among youth in Mombasa and North
Eastern Kenya and are now a leading cause of substance abuse.

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From these consultations, gaps have been identified, and progress is now
being made on the legislative, administrative, institutional and enforcement
fronts. Eleven Counties are at different stages of developing Model Alcoholic
Drinks Control laws, with Nyandarua County having led the pace in securing
full enactment of a now enhanced licensing and enforcement
framework. Law enforcement officials found complicit in the manufacture
and trade of illicit alcohol and substances have been severely disciplined.
The screening, rehabilitation and reintegration of victims of alcohol and drug
abuse has been enhanced.
But there have been deadly drawbacks. Last month, the country lost over 20
lives in one village – in Kirinyaga County, to poison packaged as alcohol by
Merchants of Death. This is unacceptable.
This trajectory must be contained before it escalates into a National Disaster.
For this reason, the Government has today, under the Direction of H.E the
President, convened all Regional and County National Government
Administration Officers (NGAO), and Security Teams, including County Police
Commanders from the Kenya Police Service, Administration Police Service
and Directorate of Criminal Investigations. Backed by relevant sector
regulators, the consultations have not only identified the internal failures and
fractured approaches that have facilitated these vices, but similarly
reiterated the critical role that the national administration and security
architecture will now be required to play in the restoration of dignity and
utility to a generation that would otherwise be lost
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. For
this reason, the Government has adopted a national security posture in its
management of this scourge, and announces the following measures in
mitigation thereof:
1. Pursuant to section 4(2)k of Preservation of Public Security Act, all
licenses and certification permits for second generation alcohol and
alcoholic beverage distillers and manufacturers, issued by Kenya

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 Revenue Authority and Kenya Bureau of Standards stand suspended
with immediate effect. 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.

2. Pursuant to (1) above, the Ministry of Interior and National

Administration invites all currently licensed manufacturers and distillers
to a meeting to be held on Tuesday 12th March 2024 at 10.00am
on the above prescription. Due notifications will be issued by separate
cover.

3. Fresh license applications shall require manufacturers to have Quality

Control (QC) laboratories installed with Gas Chromatography with
Flame Ionization Detector (FID), and this MUST be operated by
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) on
monthly basis.

4. All alcohol manufacturers shall henceforth establish and document all

traders in their distribution chain and have procedures for ensuring full
traceability from factory to the consumer of alcoholic products
manufactured for sale. All alcoholic products shall include traceability
information including manufacturer details, location,
ingredients/content.

5. ⁠The Kenya Bureau of Standards shall ensure that within 45 days, all
industrial ethanol is denatured or marked with a denaturing agent
(denatonium benzoate) to prevent diversion and/or the accidental use
of industrial ethanol in alcohol manufacture.

6. 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

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 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.

7. 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.

8. All manufacturers/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.

9. 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.

10. Further, and in line with the Public Ethics Act, all public officers
in the enforcement/compliance chain (KRA, KEBS, ACA, Public Health,
NACADA, NGAO, NPS etc) shall not own and operate a bar directly or
via proxy. All public officers currently operating such premises are
required to shut them down or resign from the service with immediate
effect. Cross referencing of the Public Service Commission, National
Police Service Commission and distinct agency staff records shall be
undertaken to secure compliance thereof.

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 11. All landlords or premise owners shall be deemed aiders and
abetters thereof and be held liable for renting out space for
establishment of bars/ wines and spirits outlets in prohibited areas
pursuant to section 20(c) of the Penal Code.

12. All chemists and agrovets are 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 have been shared with county security teams for
reference.

13. All licensed pharmacists and veterinary doctors dispensing

prescriptions drugs without prescription shall be deregistered. All
licensed chemists/pharmacy’s and agrovets when issuing prescriptions
drugs shall mandatorily issue a certification of the issuing
chemist/agrovets, name and license number of the issuing officer for
purposes of tracing.

14. All vehicles/buildings used in storage, manufacturing trafficking of

illegal drugs, illicit brews and alcohol shall pursuant to section 74 of
the Narcotic Drugs and Pyschotropic Substances Control Act be seized
and deemed to be government property.

15. 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. Further such products
are to be transported between the hours of 6am and 6pm only. The
guidelines to be issued within 14 days from this directive, with
manufacturers expected to secure full implementation within 45 days.

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 16. A multi stakeholder approach has been instituted to strengthen
surveillance, enforcement and compliance at all levels led by the
National Government Administrative Officers.

17. Surveillance at the border points will be undertaken through a multi-

agency framework with key actors including KEBS, Immigration, KRA,
NPS and ACA.

18. To enforce compliance on package according to the Alcoholics Drinks

Control Act, the Kenya Bureau of Standards shall within 60 days,
review the guidelines on minimum quantity of alcoholic drinks to
enhance the same from 250ml to 750ml or higher.

19. 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.

20. The importation, manufacture, sale, use, advertisement, promotion

or distribution of shisha is outlawed in the country, any establishment
found in breach of this provision will be shut down with immediate
effect. County Security Teams are required to enforce this prescription
without fail.

21. The labeling and packaging of all tobacco products in Kenya must
comply with the provisions of the Tobacco Control Act 2007 and the
Tobacco Control Regulations 2014. Products that do not comply must
be withdrawn from the market.

22. The National Treasury is urged to fastrack the harmonization of

custom and excise duty of ethanol in the EAC region to prevent
arbitrage within 45 days. Further, within 60 days, the National Treasury
shall conclude taxation proposals towards:

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 a. Incorporation of a model of taxation based on alcohol content;
b. Review the taxation framework for beer and other non spirituous
alcoholic drinks to mitigate the risk of harmful effects.
c. Mandatory adoption of digital KEBS/KRA stamps for all alcohol
and alcohol-based products, and the withdrawal of physical
stamps.

23. The Ministry of Health is urged to issue directives for all level 3 and
above hospitals to established dedicated rehabilitation wards/facilities
in line with existing norms and standards .

24. Parliament is requested to prioritize and fastrack the processing of all

legislative interventions towards amendments to the Alcoholic Drinks
Control Act; Tobacco Control Act; Public Health Act; Pharmacy and
Poisons Board Act; Veterinary Medicines Directorate Regulations and
other accompanying regulations.

In particular, the amendments to the Alcoholics Drinks Control Act to

ensure that county licensing is conditional to receipt of a clearance
certificate from NACADA as a pre-condition for the issuance of license
to sell, distribute and otherwise deal with alcoholic drinks.

25. All County Security Committees have received the existing approved
and licensed list of manufacturers, distillers, pharmacists, and
agrovets. The Committees are hereby 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 this directive.

County Security Committee Members will be held liable and subject to

disciplinary action where an unlicensed manufacturing installation,
distillery, agrovet or chemist is found operating in their respective
jurisdiction.

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Community and neighborhood committees, and members of the public are
invited to support this initiative through the designated toll free line: 1192
Officers will be available to receive any complaints and concerns relating to
the manufacture, trade, transportation, storage and consumption of illegal
alcohol, drugs and other substances.
In conclusion, the Government appreciates the political leadership in
Parliament and County Assemblies, County Governors and leaders for their
support of this war. We appreciate in particular the County Governments
that have adopted the County Model Laws. We further appreciate the
members of the public who routinely engage security officers, to share
reports on illicit and irregular alcohol, drugs and other illicit substance abuse.
This Government has made itself abundantly clear that illicit alcohol, drugs
and substance abuse will not be tolerated in any form. The need to
demonstrate this cannot be gainsaid. In keeping with the administration’s
commitments, we are bound to take responsibility, and meet the full
consequences for any political and social ramifications. We are ready for this
task.

As indicated from the onset, these operations are national security

operations, and fall entirely within the remit of law enforcement. Political and
other elected leaders are requested to abstain from interfering other than
through law enforcement agencies.

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