Court orders police not to destroy property in alcohol operation

A High Court judge has told law enforcers to avoid destroying property when conducting raids targeting illicit liquor brewers.

Justice Isaac Lenaola issued the directive in a suit in which spirits manufacturers had sued the Interior and Coordination Cabinet Secretary Joseph Nkaissery, the Attorney General, the Inspector General and Kabete MP Ferdinand Waititu.

Even though the directive was a reprieve for the Association of Spirits Manufacturers who have since Monday pleaded with the judge to intervene in stopping blanket condemnation on the war against illicit liquor, Justice Lenaola asked them to specify which business licences were being referring to with regards to premises.

The judge also ordered that the National Authority for Campaign against Alcohol and Drug Abuse, Nacada, should be enjoined in the case as well as Nairobi and Kiambu county governments who have also been named in the suit but have not been listed as parties.

The judge dismissed the spirits manufacturers’ request to be accorded security for their business premises, pointing out that they had not specifically identified which properties needed protection.

On Wednesday, Kenya Breweries Limited and UDV Kenya Limited also sued Mr Nkaissery, the IG and the Kenya Bureau of Standards over the alcoholic drinks Control Regulations 2015.

According to the two firms, the regulations do not define target products as well as what constitutes the second and third generation alcoholic drinks, thus making the law ambiguous.