• The National Security and Administration Committee says the ideal situation would be to enhance enforcement of existing laws.
• Wundanyi MP Danson Mwashako had sought to make sale of alcoholic drinks in bottles of less than 750ml illegal to reduce the ease of reach by vulnerable persons.
Image: FILE
A House committee has rejected a Bill that sought to restrict the packaging and sale of alcoholic drinks to bottles of 750 millilitres.
The National Security and Administration committee cited adequate measures in place, both in law and practice, to mitigate against alcohol abuse.
The team, led by Kiambaa MP Paul Koinange, says the existing laws have helped deal with the exposure of youth and other vulnerable persons in the community to access and excess consumption.
Wundanyi MP Danson Mwashako had sought to make sale of alcoholic drinks in bottles of less than 750ml illegal. This aimed at triggering an increase in prices of beer and spirits, to reduce the ease of reach by vulnerable persons.
Sale of alcohol in small packages has been blamed for fuelling alcohol abuse, especially among the youth and even schoolchildren.
But MPs in the committee ruled that the proposed measures would hurt the alcoholic beverage industry and lead to job losses.
They also concluded that the overall import would be a loss or reduction in taxes remitted to the government, proposing that the amendment be deleted.
“The Bill, if enacted as it is, will have significant adverse effect across the alcohol beverage value chain, make Kenya less competitive compared to its neighbouring countries,” the committee said in its report tabled in Parliament.
MPs said passing the Bill would lead to an exponential increase in illicit alcohol in the market and significant reduction in industry and government revenues.
The committee says the focus should be more on ensuring compliance and enforcement by the concerned authorities.
The Alcoholic Drinks and Control Act, 2010, which the MP sought to amend, provides for offences of up to three years in jail with fines of between Sh150,000 and Sh500,000.
The Act further provides that all alcoholic products packaging material should clearly communicate that they are not for sale to minors.
Outlets that sell alcohol are equally required to display signage indicating that they do not sell alcohol to persons under the age of 18.
The committee pointed out the case of supermarkets, which are required to have a dedicated selling point for alcohol, or face stiff penalties for noncompliance.
The law further prohibits any person from allowing access by minors to areas in which alcoholic drinks are manufactured, stored, or consumed.
The Act further prohibits the sale of alcoholic drinks in sachets, PET bottles, and vending machines that minors can easily access.
The committee said county laws provide stiff sanctions against indiscriminate access to alcoholic products by children and vulnerable groups. Among the penalties are cancellation of licences, imprisonment and fines.
Alcohol industry players and stakeholders opposed the amendment, citing impracticability and exorbitant costs of producing glass bottles to conform to the law.
They decried the impending huge cost on infrastructure overhaul, including existing display shelves and distribution vehicles.
Some stakeholders observed that the law would have blocked imported brands whose minimum package is less than 750ml, or come in one way bottle.
They further warned that the proposed regime would encourage illegal refilling with illicit alcohol, as retailers may opt to sell the product in tots.
The Consumer Federation of Kenya also objected to the proposed changes, saying they are neither need-based nor do they add socio-economic value to consumers and the people of Kenya.
“The costs of complying with such an irrational law will be too heavy to bear for the industry and which cost would wholly be shouldered by consumers,” the federation said.
Cofek added that there was no evidence to the effect that limiting the size of the bottle would bar the underage from alcohol.