Brewer group’s legitimacy is questioned in liquor case

Alcohol brewers on Tuesday lost their bid to halt the ongoing crackdown on illicit liquor after a High Court judge questioned the legitimacy of a group seeking reprieve orders.

Justice Isaac Lenaola rejected a request by the Association of Spirits Manufacturers to intervene in stopping “blanket condemnation,” besides providing proper guidelines in the war against illicit liquor.

Kabete MP Ferdinand Waititu told the court that the group had not indicated its officials, attached any official document or presented a stamp of certification to prove its credibility as required by the law.

Mr Waititu was present in court, but his two lawyers spoke on his behalf when the turn of events saw the judge order the group to present in court today documents indicating that it is a credible organisation.

“I cannot secure an organisation which does not exist. Come tomorrow with your licence and list of members to show that you are registered,” Justice Lenaola said.

Proof of existence

This was despite the fact that the group’s organising secretary Robert Kanogo had sworn an affidavit to support claims that the raids led by Mr Waititu were unlawful.

According to the MP, at least six companies whose certificates of incorporation were attached to case documents were not listed as members of the association while another six had no proof of existence.

He claimed that any manufacturer of a beverage should produce a licence as per regulations on food and chemicals substances.

He also denied accusations that he led a gang of hooligans who stormed into and loot from licensed bars as well as retail outlets in Wangigi, Kiambu on June 27.

“The law prohibits anyone not licensed to manufacture or trade in spirits. The group is perpetuating a violation of the law and its claim is unsuitable so no order can be issued to approve an illegal entity’s operations,” Mr Waititu said.

The association had sued the Interior and Coordination Cabinet Secretary Joseph Nkaissery, the Attorney General, the Inspector general of Police, and Mr Waititu.

Through lawyer Karugu Muguku, they claimed that violent looting and wanton destruction of property had been tolerated and supervised by law enforcement agencies.