Kenyan drinking law. Myths and facts

They say ignorance is bliss, and for many Kenyans who partake of alcoholic beverages legal or otherwise this is the state in which they guzzle copious quantities every day until the law catches up with them for one reason or another when they quickly discover another rule of ignorance - it does not serve as an excuse in the eyes of the law.

Most Kenyans have no clue about the existence under the Laws of Kenya Chapter 121 (Cap 121) of The Liquor Licensing Act or of how it would affect them if effectively enforced. But one thing is for sure there would be no more bliss if they knew some of these regulations.

This applies equally to some of the proprietors of these establishments. Part V Miscellaneous Provisions Concerning Licenses, Section 30 (2) states “no person shall knowingly sell or deliver liquor, or permit it to be sold or delivered, to a person under the apparent age of eighteen." The penalty for contravening this shall be a fine not exceeding Kshs. 1,000.

Still in Part V Section 32 (3) "Every licensee who permits any drunkenness or any violent, quarrelsome or riotous conduct to take place on the premises to which the license relates shall be guilty of an offence.&quout; Imagine how many premises would be in court on a daily basis.

But here is some good news for the broke boozer. If you had ordered a drink only and not with a meal, no suit is maintainable to recover the debt. For Part V Section 33 states, "no suit shall be maintainable to recover any debt alleged to be due in respect of the sale of any liquor which was delivered for consumption on the premises where the same was sold unless the same was sold for consumption with a meal supplied at the same time, or unless the person to whom the same was sold or supplied was at the time of the sale a lodger on such premises."

What of the infamous drinking after hours? Yes it does exist and yes it is an offence even if you bought the drinks before the closing time stated on the license. For Part V, Section 34 (1) states: "any licencee who keeps his licenced premises open for sale of liquor or sells or exposes liquor for sale during any time when he is not authorised by his licence to sell, or allows any liquor purchased before the hour of closing to be consumed on such premises after such closing hour, shall be guilty of an offense, for a first offence, to a fine not exceeding five hundred shillings, and for a second or subsequent offence to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding three months:

Provided that it shall not be an offence to allow the consumption on the premises between the hour of closing and fifteen minutes after such hour of liquor supplied for consumption with a meal to eaten on the premises, if the liquor and the meal were purchased before the hour of closing.quot;

In Part VII described as Offenses, Penalties, And Proceedings relating Thereto, Section 42 deals with ‘Intoxication’ and this is where most of us get into trouble.

Section 42 (1) states "any person found by a police officer to be drunk and incapable or drunk and disorderly in or near a street, road, licensed premises, shop, hotel, or other public place may be arrested without warrant and brought without unnecessary delay before a magistrate."

Part (2) of the same section goes on to say "any person convicted of being drunk and incapable or drunk and disorderly in or near a place referred to in subsection (1) shall be liable to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding three months or to both."

Meanwhile part (3) goes on &quout;any person convicted under subsection (2) on more than three occasions in any period of twelve months shall be forthwith reported by the convicting magistrate to the Commissioner of Police, who shall inform such licencees as he deems desirable of such convictions, and thereupon, and until a period of twelve months has passed without any further such conviction in respect of that person, any licencee so informed who knowingly sells or supplies liquor to or for delivery to that person shall be guilty of an offence, and it shall furthermore be an offence for that person to be in possession of any liquor.

And even the person who sells alcoholic beverages to you when you are already airee is guilty of an offence for Section 42 (4) concludes “any licencee who sells liquor to a person already in a state of intoxication or by any means encourages or incites him to drink liquor shall be guilty of an offence."

Well there you have it. So how should you drink if you have to drink? Recommended daily intake is four units for men and two for women, which in ‘Kenyanese’ works out to two Tusker Lagers for men and one for women. Tough but true. Anything more and you have a problem.

David Ogot is a freelance journalist/producer who has personal experience in alcoholism. He can be reached at goinghomedotcom@yahoo.com Website: www.goinghomekenya.org.

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