Alcoholic Drinks Control Act

This Act may be cited as the Alcoholic Drinks Control Act.

Defines 'a cinema or theatre' to include an assistant manager, a person holding an analogous office, or any person in charge or in control of the cinema or theatre.

The Act's object is to protect the health of individuals from the dangers of excessive consumption of alcoholic drinks.

The relevant agency must keep statistics on alcoholic-drinks consumption and related deaths and must carry out research, documentation and dissemination of all relevant information on alcoholic drinks.

Establishes the Alcoholic Drinks Control Fund.

The Accounting Officer must administer the Fund and may, with the approval of the Cabinet Secretary responsible for finance, invest or place the Fund's moneys on deposit.

The District Committee must consider licence applications, indicate in writing whether it objects, and if no objection grant a licence on payment of the prescribed fee; it must publish grants in the Gazette. Applicants whose applications are returned may re-submit within six months; the Committee must determine revised applications within three months and may issue a licence if satisfied.

Allows a person with an interest in premises under construction to apply to the District Committee for an assurance that a licence will be granted on completion; applications must be accompanied by signed plans; the District Committee may give or refuse an assurance, may include reasonable conditions, and may issue a licence upon satisfaction; an assurance becomes ineffective and the Committee must not issue a licence if the applicant becomes disqualified under section 13.

Licences to sell alcohol must meet locality public-interest and premises standards; premises must be at least 300 metres from schools; the District Committee must not grant a licence in a supermarket unless the applicant restricts access to persons under 18.

Lists categories of persons who are not eligible for a licence and grounds on which a licence-holder may be found unfit or have a licence affected.

District Committees may grant, renew, transfer, remove or refuse licences and may set conditions; every licence and its renewals/transfers/withdrawals/cancellations must be authenticated by the District Committee. A licence normally expires after twelve months, and if a renewal application is pending at expiry the licence remains in force until a decision is announced. After refusal or cancellation no new application of the same description may be considered for six months except at the District Committee's discretion.

An applicant whose application for a new licence, to renew or transfer a licence has been refused or cancelled may within twenty-one days of such refusal appeal against such refusal to the High Court.

Licences issued to a body corporate must be in the corporate's name; the District Committee may require disclosure of directors or refuse a licence if a director is unqualified; persons holding the secretary office are entitled to privileges and subject to duties and liabilities.

When the District Committee grants, renews, withdraws or cancels a licence it must include in the licence a sufficient description of the licensed premises.

A licensee who disposes of the licensed premises or business may apply in writing to the District Committee to transfer the licence; the District Committee may grant the transfer. Executors, administrators, trustees, managers or other persons approved by the District Committee may carry on the licensee's business without a transfer in certain events, and transferees or such permitted persons have the rights and duties of the original licensee. No further fee is payable for a temporarily transferred licence if at the date of grant the licence was valid for more than six months.

If a licence renewal is refused the licensee may, on payment of the appropriate fee, be granted a short-term licence (up to three months) to dispose of stock; if the licensee appeals, payment of the fee entitles a temporary renewal until the appeal is decided unless the Cabinet Secretary directs otherwise.

Licences must be prominently and conspicuously displayed on the premises they relate to; anyone who fails to display a licence or who causes or permits signs falsely stating they are a licensee commits an offence.

Licensees must not employ persons under 18 or convicted persons to sell or control alcoholic drinks; licensees must not let others manage premises except with written District Committee consent; licensees remain liable under the Act; contravention is an offence.

Licensees and their agents may refuse admission and must expel drunk, violent, or quarrelsome persons; refusal to leave when asked is an offence; police must assist expulsion on demand; permitting drunken violent conduct is an offence for the licensee.

No lawsuit may be brought to recover a debt for sale of an alcoholic drink consumed on the premises unless it was sold with a meal at the time of sale or the purchaser was a lodger on the premises at the time of sale.

Licensees must not allow anyone under 18 to enter or access areas where alcoholic drinks are manufactured, stored or consumed.

Medical officers of health must report licensed premises that are unsanitary or in bad repair to the District Committee; they or an authorised person may inspect premises. Police officers at or above Inspector must report in writing licensees who are drunk, keep disorderly houses, or breach the Act or licence, and such officers may inspect premises without written authority to determine if a report is required.

The District Committee may cancel or order restrictions on a licence after considering a report; licensees may appear and persons aggrieved may appeal to the High Court within 21 days; appeals suspend the cancellation until the High Court decision; the High Court may confirm or reverse; if no successful appeal, the licensee may obtain a temporary licence up to three months on payment of a proportionate fee.

Section 7 lists controlled acts related to alcoholic drinks—manufacture/produce, sell/dispose/deal with, import, and export—and then sets out exceptions including medical uses, certain sales (perfumes, industrial alcohol), specified auctions and sales by legal representatives or insolvency officers, sales at Parliament with Speaker’s permission, and sales to members-only institutions of disciplined forces.

Section 8 establishes a District Committee responsible for issuing licences and performing functions allocated by the Cabinet Secretary; it may inspect premises and sets membership and secretariat arrangements.

Applications to manufacture or sell alcoholic drinks must be made to the District Committee in a prescribed form and a prescribed fee paid; objections may be lodged in writing with specified notice and procedural steps.

The manufacture or distillation of Chang’aa prior to this Act must conform to the prescribed standards or the requirements of this Act.

It is prohibited for any person to knowingly sell, supply or provide alcoholic drinks to anyone under 18; doing so is an offence punishable by a fine up to 150,000 shillings, imprisonment up to one year, or both, but it is a defence if the seller attempted to verify age by checking specified documents; it is also prohibited to manufacture or sell items that imitate alcoholic drinks, punishable by a fine up to 500,000 shillings or imprisonment up to three years, or both.

Every retailer must post prescribed signs informing the public that selling or giving alcoholic drinks to persons under eighteen is prohibited.

No person may permit the sale of an alcoholic drink by an automatic vending machine.

No person may sell, manufacture, pack or distribute alcoholic drinks in sachets or in containers under 250 mililitre; contravention is an offence punishable by fine or imprisonment.

Packages of alcoholic drinks must display a statement of constituents and at least two prescribed health warnings in English or Kiswahili; manufacturers, importers and sellers/distributors are subject to these requirements, with an exception for drinks made in Kenya for export.

The Cabinet Secretary may make Regulations to carry out this Act and may prescribe or prohibit specific matters listed in subsection (2).

Section 68A was repealed by ActNo. 38 of 2016, s. 54.

Repeals the Chang’aa Prohibition Act and the Liquor Licensing Act.

Persons who are manufacturers, importers, exporters, distributors or retailers of alcoholic drinks are to be regarded as such under this Act.

Police officers may arrest and bring before a Magistrate anyone found drunk and incapable or drunk and disorderly in or near public places; convicted persons face a fine up to five hundred shillings or imprisonment up to three months or both, may be ordered to undergo rehabilitation at their own cost, may be reported to the District Committee triggering a 12‑month restriction on licensees supplying them with alcohol and offences for possession; licensees who sell to intoxicated persons or encourage consumption commit an offence.

First offence for breach of licence: a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding nine months, or both.

Any person who knowingly sells, supplies or offers an alcoholic drink to an authorized officer or to a police officer in uniform, or who harbours such a police officer on licensed premises (except to keep or restore order or in execution of duty), commits an offence and may be fined up to fifty thousand shillings or imprisoned for up to three months, or both.

If a person who is required to disclose a conviction by this Act fails to disclose it when making an application, that person commits an offence.

A licensee who allows sale or consumption of alcoholic drinks contrary to the licence (including permitting drinking with the licensee's consent, or carrying drinks out to sell to evade licence conditions) commits an offence.

Selling or possessing adulterated alcoholic or non-alcoholic drinks (including those diluted or containing prohibited substances) is prohibited; contravention is an offence punishable by a fine up to ten million Kenya shillings or imprisonment up to ten years, and on conviction a court may order licence forfeiture unless the licensee proves due precautions.

A court will deem a sale or consumption of an alcoholic drink proved if satisfied a sale-like transaction occurred or consumption was about to occur; consumption on licensed premises by someone other than the licensee (or close family/employee/agent) is prima facie evidence the drink was sold by or on behalf of the licensee.

A person who claims to be licensed must bear the onus of proving they are licensed under this Act.

Licensees convicted under this Act must produce their licence to the convicting court; the court must endorse the conviction on the licence; the court's administrative officer must inform the relevant District Committee.

Licence is forfeited upon conviction where a person has permitted an unlicensed person to own or have a substantial interest in a licensed premises without District Committee consent.

No person shall promote an alcoholic drink or an alcohol-related brand element except in accordance with the provisions of this Act.

No person may promote an alcoholic drink by any means, including packaging, in a way that is false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, health hazards or social effects.

Section 45 lists promotional statements about alcoholic drinks (subsections (1)(a)–(d)) and prescribes penalties for contravention (fine up to five hundred thousand shillings, or imprisonment up to three years, or both).

Promotion at underage events

No person must promote an alcoholic drink in a way that encourages more consumption to win an award or prize.

Persons must not publish, broadcast or otherwise disseminate prohibited promotions; cross-border publications, broadcasts or communications originating outside Kenya that promote regulated products or contain alcohol-related brand elements in breach of this Part are also prohibited; contraventions are an offence punishable by a fine up to three million Kenya shillings or imprisonment up to three years, or both.

Managers or owners of places selling alcoholic drinks must display clear notices in English or Kiswahili that drinking is prohibited for persons under 18 and state the prescribed penalty; contravention is an offence punishable by a fine up to fifty thousand shillings, or up to six months imprisonment, or both.

The Cabinet Secretary must appoint authorised officers for each district on recommendation of the respective District Committee and must issue a certificate of appointment to each appointee.

Authorised officers may enter premises at reasonable times if they reasonably believe someone is contravening the Act; if required they must produce their certificate under section 50(2).

Officers have the power to examine an alcoholic drink or anything referred to in that section.

Use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act.

An authorised officer must not enter a dwelling place except with the occupant's consent or with a warrant under section 55.

The High Court has power to issue a warrant to enter a dwelling where specified conditions in subsection (1) are met.

An authorised officer executing a warrant under section 55 must not use force unless accompanied by a police officer and the warrant specifically authorises the use of force.

An authorised officer who has analyzed or examined an alcoholic drink or a sample must issue a certificate or report giving the analysis or examination results.

The inspecting agent named in subsection (1) must issue the inspection completion and certification certificate once satisfied with the inspection.

No person must not obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer carrying out duties under this Act.

Authorised officers may seize alcoholic drinks or related things during inspections on reasonable grounds; they must make a full inventory at seizure. Officers may direct storage or removal of seized items. No person may interfere with seized items unless authorised. Persons from whom items were seized may apply to the High Court within thirty days and must send prescribed notice to the Cabinet Secretary.

An applicant is entitled to possession of seized alcoholic drink or thing (subject to it not being required as evidence), and the court may order restoration after 180 days if no proceedings have started.

A person convicted of an offence under this Act for which no other penalty is provided may be fined up to five hundred thousand shillings, imprisoned for up to three years, or both.

Directors or officers who acquiesce in offences by a corporation or similar entity commit an offence; acts or omissions by employees can be treated as those of their employer and proceedings may be taken against both employer and employee.

Certain certified copies and reports are admissible as evidence in prosecutions under the Act; the party intending to produce a certificate or report must give the other party at least seven days' notice and a copy before trial, and the party against whom it is produced may, with the court's leave, require the officer's attendance for cross-examination.

The Government must promote public awareness of the health risks and addictive nature of excessive alcohol consumption through a comprehensive nationwide education and information campaign conducted via relevant ministries, agencies and civil society; agencies and local authorities must run related training and local campaigns and ensure participation of affected individuals and groups.

The relevant agency must liaise with the Cabinet Secretary responsible for education to include instruction about alcohol harms in school subjects at all education levels and systems.

The relevant agency must liaise with the Ministry responsible for health so that education and information on alcoholic drink use are part of healthcare services, and the relevant agency and the Government must provide training to healthcare providers on disseminating that information.