Loophole in alcohol law allows drinking on election day
A beer mug. A loophole in an amendment Bill allows voters to head to bars on election day, but not 48 hours before. File
What you need to know:
The Alcoholic Drinks Control (Amendment) Bill 2012 proposed by Naivasha MP John Mututho seeks to ban the sale and consumption of alcohol two days (48 hours) before a general election or by-elections, but not on the election day itself.
That means alcohol would not be sold from midnight on March 1 to midnight on March 3 after which the drinking joints would be opened on March 4.
A law endorsed by Parliament Wednesday seeking to restrict the promotion of alcoholic drinks could end up pulling some voters to entertainment joints instead of polling stations during the March 4 General Election
The Alcoholic Drinks Control (Amendment) Bill 2012 proposed by Naivasha MP John Mututho seeks to ban the sale and consumption of alcohol two days (48 hours) before a general election or by-elections, but not on the election day itself.
“No person shall sell an alcoholic drink during the period of two days prior to the date of any general election or in an area subject to a by-election as provided for under the Constitution,” the Bill states.
That means alcohol would not be sold from midnight on March 1 to midnight on March 3 after which the drinking joints would be opened on March 4.
“The wording of the Bill has the unintended consequence of allowing alcohol during the election day because prior means before. This can be corrected by inserting ‘during and’ just before ‘prior’,” said Julius Kuria, a Nairobi based lawyer.
In the past, the public in some regions flashed revellers from bars or forced entertainment spots to be closed so that the patrons can vote. In other instances, customers were allowed into the establishments after proving, usually by showing the indelible ink on the index finger, that they had voted.
Mr Mututho was not immediately available for comment.
The Bill to which changes can be made during the committee stage would force marketers of alcoholic drinks to devise new methods of driving sales after Parliament passed amendments to the Alcoholic Drinks Control Act 2010.
MPs endorsed the Alcoholic Drinks Control Bill 2012, banning promotion of any alcoholic beverage in a manner that encourages consumption in order to win an award or prize.
Those who contravene the proposed changes would be fined Sh500,000 or face a three-year jail term on conviction by a court of law. The Bill spells out stiffer requirements that manufacturers of alcohol must meet before presenting their products for sale.
It requires manufacturers to ensure that every package containing an alcoholic drink bears a statement on its content and at least two health warning messages prescribed boldly in English or Kiswahili.
“The statement and health warning shall comprise not less than 30 per cent of the total surface area of the package,” states clause 44 of the Bill.
If enacted into law, manufacturers could be fined for creating an impression that there is a link exists between consumption of alcohol and social or sexual success, that the indulgence is acceptable before or while engaging in activities that require concentration or that the alcohol has a therapeutic value.
They could also be fined for advertisements that demean non-takers of the alcohol.
The new law also bans sale of alcoholic drinks in any work place, office, factory, public park or any public recreational facility, public transport vehicle, beach, sports stadium or street.
Mr Mututho seeks to rope in supermarkets, off license establishments and private members’ clubs to adhere to the drinking hours of 5pm to 11pm on weekdays and 2pm to 11pm on weekends. He also wants nightclubs to operate strictly from 7pm to 3am.
MPs who contributed to debate on the Bill called for strict implementation of the existing Act to ensure that consumption of liquor is regulated.
“Advertisement on alcohol continues on our screens and radio daily despite the law being in place. Some businessmen are misleading the youth on alcohol,” said Defence assistant Minister David Musila.
He said the police and provincial administration were selectively implementing the Act.
“In some parts of the country, drinking is business as usual. No arrests have been made on those who drink to wee hours of the morning,” he said.
Rarieda MP Nicholas Gumbo called for further amendments to the proposed legislation to ensure that bars are removed from residential neighbourhoods.
“If you go to a place like Umoja estate, bars and entertainment joints are more than residential houses,” he said.
The MPs also demanded a crackdown on energy drinks which in contain alcohol.
