Jack Daniels dealer gets court order against police raids

Africa Spirits Limited, an alcohol distiller and importer of global brands such as Jack Daniels, Southern Comfort and Famous Grouse, has obtained a court injunction against the police for alleged harassment.

The company which locally produces brands such as Bluemoon vodka, Legend Brandy, Furaha Gin and Furaha Brandy becomes the latest alcohol maker to seek judicial intervention over the ongoing national crackdown on illicit drinks.

Africa Spirits is based in the Industrial Area. The firm has filed a suit at the High Court against the Attorney General Githu Muigai, the Ministry of Interior and Inspector General Joseph Boinett.

The company, which is privately-owned by businessman Humphrey Kariuki, accuses the police of trying to access its premises while accompanied by rowdy youth, putting their investment at risk.

“…a temporary injunction is hereby issued restraining the respondents whether by themselves, agents, police officers, APs or other assigns from interfering, raiding, destroying or violently breaking into the applicant’s factory or depots,” Justice Isaac Lenaola ruled on Wednesday.

At the inter-parties hearing on Thursday, the AG’s office requested for extra time to file a response. Justice Lenaola gave the State until today (Friday) to do so, while also extending the court injunction.

The same judge also granted the Association of Spirits Manufacturers of Kenya an injunction protecting them against destruction of their property, three days after they had made their application.

READ: Court orders police not to destroy property in alcohol operation

The lobby, which has also sued the aforementioned government officials and Kabete MP Ferdinand Waititu, claims rowdy gangs organised by the legislator invaded their legitimate businesses on June 27 and illegally destroyed their brands and property.

Justice Lenaola had earlier declined to give orders stopping further raids but yesterday ordered police to respect licences issued to liquor manufacturers and distributors in the ongoing countrywide raid.

He ordered Kebs and Nacada to be enjoined as interested parties in the suit, but declined to grant the orders on protection, saying the request was vague since it did not specify the exact licensed businesses, premises and outlets that need protection.

“The AG, IG and the Interior Cabinet Secretary are hereby directed to abide by the rule of law while conducting the operation to rid the country of illicit liquor they shall have regard to laws, licences issued by relevant public agencies and shall also not unlawfully destroy any private property in the course of doing so,” he ruled.

Regional brewer EABL on Wednesday moved to court seeking orders quashing President Uhuru Kenyatta’s directive on destruction of illicit liquor, arguing that the Ministry of Interior had misinterpreted the directive.

The brewer said the directive did not define second and third generation alcoholic drinks, leading to the destruction of its brands that have been mistaken to be in the illicit category.

It now wants the entire directive struck out and the police compelled to protect its wines and spirits plants.

Justice George Odunga issued a temporary order restraining the government and police from impounding, destroying or interfering with any of the brewer’s products before the suit is heard on July 21.

“The ministry has deliberately misinterpreted the President’s directive. It is necessary that the directive be quashed,” the brewer said in its court petition.

Keroche Breweries is similarly battling with the Naivasha MP John Kihagi whom she accuses of politicising the fight against illegal brews and unfairly targeting its business.

The firm’s CEO Tabitha Karanja rebuffed the MPs attempt to access her factory on Wednesday, after a dramatic eight hour standoff. Crescent Vodka, a spirit manufactured by Keroche, is among the drinks suspended by Kebs.