Alcoholic Drinks Control Act

Section 1. Short title Section This Act may be cited as the Alcoholic Drinks Control Act.

Section 2. Interpretation Section a cinema or theatre, includes an assistant manager, a person holding an office analogous to that of a manager or assistant manager of the cinema or theatre or any person in charge or in control of the cinema or theatre;

Section 3. Object and purpose of Act Section protect the health of the individual in the light of the dangers of excessive consumption of alcoholic drinks;

Section 4. Functions of the relevant agency Section keep statistics on the level of alcoholic drinks consumption and related deaths and carry out research, documentation and dissemination of all relevant information on alcoholic drinks;

Section 5. Establishment of the Fund Section 5(1) There is established a fund to be known as the Alcoholic Drinks Control Fund. Section 5(2)(a) such licence and other fees as may be payable under this Act; Section 5(2)(b) such sums as may be realized from property forfeited to the Government under this Act; Section 5(2)(c) sums received, including contributions, gifts or grants from or by way of testamentary bequest by any person; Section 5(2)(d) moneys earned or arising from any investment of the Fund; Section 5(2)(e) all other sums which may in any manner become payable to, or vested in, the Fund. Section 5(3) Where, in terms of subsection (2)(b), any immovable property is assigned to the Fund, the Accounting Officer shall deal with the property in such manner as he thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established. Section 5(4)(a) research, documentation and dissemination of information on alcoholic drinks; Section 5(4)(b) promoting national cessation and rehabilitation programs; and Section 5(4)(c) assisting in the operations of the District Committees and civil society programmes in accordance with subsection (...

Section 6. Administration of the Fund Section 6(1) The Fund shall be administered by the Accounting Officer. Section 6(2) The Accounting Officer may, with the approval of the Cabinet Secretary for the time being responsible for finance, invest or place on a deposit account any of the moneys of the Fund and any interest earned on moneys so invested or deposited shall be placed to the credit of the Fund. Section 6(3)(a) supervise and control the administration of the Fund; Section 6(3)(b) impose conditions on the use of any expenditure personally authorized and may impose any restriction or other requirement concerning use of expenditure; Section 6(3)(c) cause to be kept proper books of account and other books and records in relation to the Fund as well as to all the various activities and undertakings of the Fund; Section 6(3)(d) prepare, sign and transmit to the Auditor-General in respect of each financial year and within three (3) months after the end thereof, a statement of accounts relating to the Fund in accordance with the Public Audit Act (Cap. 412B) and in such details as the National Treasury may from time to time direct; Section 6(3)(e) furnish such additional information...

Section 7. Control of alcoholic drinks Section 7(1)(a) manufacture or otherwise produce; Section 7(1)(b) sell, dispose of, or deal with; Section 7(1)(c) import or cause to be imported; or Section 7(1)(d) export or cause to be exported, Section 7(2) For the purposes of subsection (1), an alcoholic drink shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export. Section 7(3)(a) the bona fide administration or sale for purely medical purposes, and in accordance with any written law for the time being in force governing the administration and sale of medicine, by a medical practitioner, a veterinary surgeon registered under the Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) or a pharmacist registered under the Pharmacy and Poisons Act ( Cap. 244 ), of a medicine containing alcoholic drink; Section 7(3)(b) the sale of spirituous or distilled perfume, or perfumery; Section 7(3)(c) the sale of industrial alcohol; Section 7(3)(d) the sale by auction by an auctioneer, licensed under the Auctioneers Act (Cap. 526), of an alcoholic drink in quantities not less than those authorized to b...

Section 8. Establishment of the District Committee Section 8(1)(a) issue licenses in accordance with this Act; and Section 8(1)(b) perform such other functions as may, from time to time be allocated to it by the Cabinet Secretary. Section 8(2) The District Committee may, in the discharge of its functions under this Act, make inspection or other visits to premises at such times as it may deem appropriate. Section 8(3)(a) the District Commissioner of the district who shall be the chairperson; Section 8(3)(b) the District Medical Officer of Health; Section 8(3)(c) Officer Commanding Police Division; Section 8(3)(d) one person nominated by every local authority in the district; Section 8(3)(e) three residents of the district, appointed by the Cabinet Secretary at least two of whom shall be women; Section 8(3)(f) one person designated by the relevant agency who shall be the secretary to the District Committee. Section 8(4) The authorized officers in charge of the district appointed pursuant to section 50 shall attend the meetings of the District Committee in an ex officio capacity. Section 8(5) The conduct of business and affairs of the District Committee shall be in such manner as may...

Section 9. Application for licence Section 9(1) A person intending to manufacture or otherwise produce any alcoholic drink in Kenya or to operate an establishment for the sale of an alcoholic drink shall make an application in a prescribed form to the District Committee in the district where the premises is to be situated and shall pay a prescribed fee. Section 9(2)(a) a comprehensive proposal on the nature, orientation and other justification for the establishment of the alcoholic plant; Section 9(2)(b) a disclosure as to whether the applicant has been previously convicted of an offence under this Act or any Act at any time in force relating to the manufacture, sale or consumption of an alcoholic drink, giving full particulars of the offence of which he was convicted, of the court by which he was convicted, of the date of the conviction; Section 9(2)(c) such other matters as may be prescribed. Section 9(3)(a) published in the Kenya Gazette and at the office of the District Commissioner for a period of not less than twenty-one consecutive days; Section 9(3)(b) posted in some conspicuous place at or near the applicant’s premises; Section 9(3)(c) sent to the Inspector-General of Poli...

Section 10. Grant of a licence Section 10(1) The District Committee shall, after considering the application under section 9 , indicate in writing whether it objects to the grant of the licence applied for. Section 10(2) Where the District Committee has no objection the application under section 9 , it shall grant a licence to the applicant upon payment of the prescribed fee. Section 10(3) The licence issued shall be in such form as may be prescribed and subject to such conditions as the District Committee may consider fit. Section 10(4)(a) reject the application giving reasons and notify the applicant accordingly within thirty days of the decision to reject; or Section 10(4)(b) make comments and recommendations thereon and return it to the applicant within thirty days. Section 10(5) The applicant to whom the application is returned under subsection (4)(b) may re-submit a revised application within six months of the date of notification. Section 10(6) On receipt of any revised application under subsection (5), the District Committee shall, within three months determine the application in accordance with this Act and upon such determination, if satisfied, issue a licence. Section 10...

Section 11. Provisional licence Section 11(1) Where premises are about to be constructed or reconstructed or are in course of construction or reconstruction for the purpose of being used for the sale of alcoholic drinks for consumption on such premises, any person having an interest in the premises may apply in the prescribed form to the District Committee for an assurance that, on the completion of the construction or reconstruction, a licence of the type to be specified in the application will be granted in respect of such premises. Section 11(2) The provisions of sections 9 and 10 shall apply to such applications, which shall be accompanied by a signed copy of the plans of such premises. Section 11(3) The District Committee may, subject to such reasonable conditions as it may therein include, give to the applicant an assurance in the prescribed form that, on the completion of the premises, a licence of the type specified therein will be granted or it may refuse to give such an assurance. Section 11(4) Where such an assurance has been given under subsection (3), the District Committee may, on any date, on being satisfied that the premises have been completed in accordance with th...

Section 12. Licence for premises Section 12(1)(a) that it would be in the public interest for provision to be made for the sale of alcoholic drink for consumption on the premises in the particular locality in respect of which the application is made, and that the number of such premises in respect of which such licences have already been granted is insufficient for the requirement of the locality given the population density per square kilometre and the permitted maximum number of such premises as shall be prescribed by law: Provided that no licence shall be granted to sell alcoholic drinks in any institution of basic education including primary and secondary schools or any residential area as have been demarcated by or under the relevant written laws; Section 12(1)(b) that the premises in respect of which the application is made are in good repair and are in a clean and wholesome condition, and are provided with adequate and proper sanitary arrangements; Section 12(1)(c) that the premises in respect of which the application is made are located at least three hundred metres from any nursery, primary, secondary or other learning institutions for persons under the age of eighteen yea...

Section 13. Persons not eligible for a licence Section 13(1)(a) has failed to satisfy the District Committee, if called upon to do so, of his good character and standing in relation to the expectations in this Act; or Section 13(1)(b) has been convicted of selling an alcoholic drink without a licence or offering or exposing it for sale, or of any offence against any law for the time being in force relating to the distillation, manufacture, sale or use of industrial alcohol; or Section 13(1)(c) has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhere for a period in excess of six months; or Section 13(1)(d) in the case of a retail licence, is not resident in Kenya; or Section 13(1)(e) is under eighteen years of age; or Section 13(1)(f) is an undischarged bankrupt. Section 13(2)(a) the licensee is not a fit and proper person to hold the licence; or Section 13(2)(b) the licensee has been convicted of an offence under this Act or any Act at any time in force regulating the sale of an alcoholic drink; or Section 13(2)(c) has been convicted of an offence and sentenced to imprisonment without the option of a fine in Kenya or elsewhe...

Section 14. Validity and renewal of licences Section 14(1) Except as otherwise provided in this Act, a District Committee may, subject to this Part, grant, renew, transfer or remove a licence, and may embody therein such conditions as it may deem appropriate, or it may refuse to grant, renew, transfer, withdraw or cancel a licence. Section 14(2) Every licence and every renewal, transfer, withdrawal or cancellation thereof shall be sufficiently authenticated by the District Committee. Section 14(3)(a) be subject to the payment of such fee or fees as may be prescribed; Section 14(3)(b) expire at the end of twelve months from the date of issue; Section 14(3)(c) specify in the licence the hours within which the sale of alcohol is permitted. Section 14(4) Where an application for the renewal of a licence has been made and the District Committee has not by the date of expiration of the licence reached a decision thereon, such licence shall continue in force until the decision of the District Committee is made known. Section 14(5) Where an application for a licence has been refused, or a licence has been cancelled, no subsequent application by the former applicant or licensee for a licenc...

Section 15. Appeal to High Court Section An applicant whose application for a new licence, to renew or transfer a licence has been refused or cancelled may within twenty-one days of such refusal appeal against such refusal to the High Court.

Section 16. Licences to body corporates Section 16(1) A licence issued to a body corporate shall be issued in the name of the body corporate: Provided that the District Committee may require prior disclosure of the directorship of the body corporate or refuse to grant a licence to the body corporate if any of the directors does not qualify to be granted the licence individually. Section 16(2) No transfer of a licence issued to a body corporate shall be necessary on any change in the office of secretary, but any person for the time being holding such office shall be entitled to the privileges granted by, and shall be subject to the duties and liabilities imposed upon the holder of, such licence.

Section 17. Types of licences Section 17(1) The several licences which may be granted under this Act shall be those specified in the First Schedule, and the provisions of that Schedule and of any rules made under this Act shall have effect in relation to the respective licences therein specified. Section 17(2) Save as otherwise provided in this Act, no licence may be granted so as to be applicable to more premises than one. Section 17(3) The District Committee shall, when a licence is granted, renewed, withdrawn or cancelled, include in the licence a sufficient description of the licensed premises. Section 17(4) A licence may be granted to apply to more than one premise, subject to such conditions as may be specified in the licence and to specification of the addresses of all such premises in the licence.

Section 18. Transfer of licence Section 18(1) Where a licensee sells or leases or otherwise disposes of the premises or business specified in his licence, he may apply in writing to the District Committee for the transfer of his licence to the purchaser or lessee or otherwise of such premises, and the District Committee may, if it thinks fit, grant a transfer of such licence. Section 18(2) No further fee shall be payable in respect of a licence granted under subsection (3) if, at the date of the grant, the licence which was temporarily transferred was valid for a period of more than six months. Section 18(3) In the event of the death, bankruptcy or unsoundness of mind of a licensee, or in any similar event to which the District Committee declares in writing that this section should be applied, it shall be lawful, for the purposes of this Act for the executor, administrator, trustee or manager, as the case may be or any other person approved by the District Committee, to carry on the business of the licensee without any transfer or grant of a licence either personally or by an agent approved by the District Committee. Section 18(4) Every person to whom a licence may have been transf...

Section 19. Removal of licence Section 19(1) If the renewal of a licence is refused, the licensee shall, on payment of the proportionate part of the fee for the appropriate licence, be entitled to a licence of such description and for such period, not exceeding three months, as the District Committee may consider necessary for the purpose of disposing of the alcoholic drink or apparatus on the premises, such period to commence on the day after the last sitting of the District Committee at which the renewal of his licence has been refused, or on the day after the termination of his existing licence, whichever day is the later. Section 19(2) If the renewal of a licence is refused and the licensee appeals against the refusal, the licensee shall, on payment of the fee for the appropriate licence, be entitled, unless the Cabinet Secretary directs otherwise, to a renewal of the licence which is the subject of the appeal to be valid only until the appeal has been determined, such licence to commence on the day after the determination of his existing licence.

Section 20. Licence to be displayed Section 20(1) Every licence shall be prominently and conspicuously displayed on the premises to which it relates, and any licensee who fails or neglects so to display his licence commits an offence. Section 20(2) Where a wholesale alcoholic drink licence is granted so as to be applicable to more premises than one, it shall be displayed in the premises first named therein and copies thereof displayed in the other outlets. Section 20(3) Any person causing or permitting to be on his premises or on premises under his control any words, letters or sign falsely importing that he is a licensee commits an offence.

Section 21. Employment for sale of alcoholic drinks Section 21(1) Notwithstanding the provisions of any other written law, no licensee shall employ a person under the age or apparent age of eighteen years, or knowingly employ a person who has been convicted of an offence under this Act or any other Act at any time in force regulating the sale of alcoholic drinks, to sell, control or supervise the sale of alcoholic drinks or to have the custody or control of alcoholic drinks on licensed premises. Section 21(2) No licensee shall permit any other person to manage, superintend or conduct the day-to-day business of the premises in respect of which he is licensed except with the written consent of the District Committee and every person in respect of whom such consent is given shall be subject and liable to the same duties, obligations and penalties under this Act as the licensee. Section 21(3) The provisions of subsection (2) shall not relieve the licensee of his duties and obligations under this Act. Section 21(4) Any person who contravenes the provisions of this section commits an offence.

Section 22. Drunken behaviour Section 22(1) A licensee or an agent or employee of a licensee may refuse to admit to, and shall expel from, the premises to which his licence relates any person who is drunk and disorderly, violent, or quarrelsome, or whose presence would subject the licensee to a fine or penalty under this Act. Section 22(2) Any person referred to in subsection (1) who, on being requested by the licensee or his agent or employee, or by a police officer, to quit the licensed premises, refuses to do so, commits an offence. Section 22(3) On the demand of a licensee or his agent or employee, a police officer shall expel or assist in expelling from the licensed premises the person referred to in subsection (1). Section 22(4) A licensee who permits any drunkenness leading to violent, quarrelsome or riotous conduct to take place on the premises to which the licence relates commits an offence.

Section 23. Debt from sale of alcoholic drinks Section No suit shall be maintainable to recover any debt alleged to be due in respect of the sale of any alcoholic drink which was delivered for consumption on the premises where it was sold unless it was sold for consumption with a meal supplied at the time of sale or unless the person to whom it was sold or supplied was at the time of the sale a lodger on such premises.

Section 24. Access by persons under age of eighteen years Section 24(1) No person holding a licence to manufacture, store or consume alcoholic drinks under this Act shall allow a person under the age of eighteen years to enter or gain access to the area in which the alcoholic drink is manufactured, stored or consumed. Section 24(2) Any person who contravenes the provisions of subsection (1) commits an offence.

Section 25. Reports by medical officers and police officers Section 25(1) A medical officer of health within whose jurisdiction the premises fall shall report to the District Committee any licensed premises which are deficient in their state of sanitary or drainage conditions, or which are in bad repair. Section 25(2) A medical officer of health or any person authorized by him in writing in that behalf may enter and inspect any licensed premises for the purpose of ascertaining whether a report under subsection (1) is required. Section 25(3) A police officer not below the rank of Inspector shall report in writing to the chairperson of the appropriate District Committee every case in which a licensee is of drunken habits or keeps a disorderly house, or commits any breach of any of the provisions of this Act or of his licence. Section 25(4) A police officer not below the rank of Inspector may without written authority enter and inspect any licensed premises for the purpose of ascertaining whether a report under subsection (1) is required.

Section 26. Cancellation of licence Section 26(1)(a) send, by registered post or other verifiable mode of dispatch, a copy of the report to the licensee concerned therewith, informing him that at a meeting of the District Committee to be held on a date to be specified, but not less than thirty days there from, the report will be considered by the District Committee; Section 26(1)(b) send a copy of the report to every member of the District Committee and to the Officer Commanding Police Division; Section 26(1)(c) inform the medical officer of health or the police officer, as the case may be, of the date upon which the District Committee will consider the report, and require him to attend on the date specified. Section 26(2) Any licensee concerning whom a report is to be considered may appear in person or by advocate before the District Committee. Section 26(3) The District Committee, having duly considered the report and having heard the licensee, if he appears, may, if it thinks fit, cancel the licence of the licensee reported upon, or it may make such an order in respect of such licence or the licensed premises specified therein as, in the opinion of the District Committee, is nec...

Section 27. Conformity with requirements Section 27(1)(a) manufacture, import or distribute; or Section 27(1)(b) possess, Section 27(2)(a) is authorized under this Act to be in possession of the alcoholic drink; or Section 27(2)(b) has possession of the alcoholic drink in a premises licensed under this Act. Section 27(3) The manufacture or distillation of all spirituous liquor prior to this Act referred to as Chang’aa shall conform to the prescribed standards or the requirements of this Act. Section 27(4) A person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding two million shillings, or to imprisonment for a term not exceeding five years, or to both.

Section 28. Supply to young persons Section 28(1) No person shall sell, supply or provide knowingly an alcoholic drink to a person under the age of eighteen years. Section 28(2) Subject to subsection (3), a person who contravenes the provisions of subsection (1) commits an offence and shall be liable to a fine not exceeding one hundred and fifty thousand shillings, or to imprisonment for a term not exceeding one year, or to both. Section 28(3) Notwithstanding the provisions of subsection (1), it shall be a defence to an offence under this section if it is established that the accused person attempted to verify that the young person was at least eighteen years of age by asking for and being shown any of the documents specified in subsection (4) for the purpose of verifying the age of the young person and believed, on reasonable grounds, that the documentation was authentic. Section 28(4)(a) a national identity card issued by the Republic of Kenya; Section 28(4)(b) a passport issued by the Republic of Kenya or any other country; or Section 28(4)(c) such other documentation as the Cabinet Secretary may prescribe. Section 28(5) No person shall manufacture or sell objects including swee...

Section 29. Display of signs Section 29(1) Every retailer shall post, in the prescribed place and manner, signs in the prescribed form and with the prescribed content, that inform the public that the sale or the availing of an alcoholic drink to a person under the age of eighteen years is prohibited by law. Section 29(2)(a) be displayed on a surface measuring not less than 12 inches by 8 inches in size; Section 29(2)(b) bear the word “WARNING” in capital letters followed by the prescribed health warning which shall appear in conspicuous and legible type and shall be black on a white background or white on a black background and shall be enclosed by a rectangular border that is the same colour as the letters of the statement; Section 29(2)(c) be in English or in Kiswahili. Section 29(3) A retailer who contravenes any of the provisions of this section commits an offence and shall be liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both.

Section 30. Vending machines Section 30(1) No person shall permit an alcoholic drink to be sold by way of an automatic vending machine. Section 30(2) A person who contravenes this section commits an offence and shall be liable to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.

Section 31. Selling in sachets Section 31(1) No person shall sell, manufacture, pack or distribute an alcoholic drink in sachets or such other form as may be prescribed. Section 31(2)(a) no person shall manufacture, pack, distribute or sell an alcoholic drink in a container of less than 250 mililitre; Section 31(2)(b) the alcoholic drink previously known as chang’aa or any other distilled alcoholic drink shall only be manufactured, packed, sold or distributed in glass or PET ( polyethylene terephthalate ) bottles or metallic containers of the kind specified in paragraph (a). Section 31(3) A person who contravenes this section commits an offence and shall be liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both. [Act No. 10 of 2013 , s. 3, Act 38 of 2013 , s. 32.]

Section 32. Information required on packages Section 32(1)(a) manufacture; Section 32(1)(b) import; Section 32(1)(c) sell or distribute, Section 32(2)(a) bear a statement as to its constituents; and Section 32(2)(b) have at least two of the health warning messages prescribed in the Second Schedule, in English or Kiswahili. Section 32(3) The statement and health warning referred to in subsection (2) shall comprise not less than 30% of the total surface area of the package. Section 32(4) All the warning labels specified in the Second Schedule shall be randomly displayed in each twelve-month period on a rotational basis and in as equal a number of times as is possible, on every successive fifty packages of each brand of the alcoholic drink and shall be randomly distributed in all areas within the Republic of Kenya in which the alcoholic drink is marketed. Section 32(5) The Cabinet Secretary may, by notice in the Gazette , prescribe that the warning, required under this section, be in the form of pictures or pictograms: Provided that such notice shall come into operation upon expiration of six months from the date of its publication. Section 32(6) The importer of an alcoholic drink whi...

Section 68. Regulations Section 68(1) The Cabinet Secretary may, on recommendation of the relevant agency, make Regulations generally for the better carrying out of the objects of this Act. Section 68(2)(a) prescribe anything required by this Act to be prescribed or prohibit anything required by this Act to be prohibited; Section 68(2)(b) prescribe the recommended levels of alcohol in alcoholic drinks which levels shall not exceed the levels set by the World Health Organisation; Section 68(2)(c) prescribe substances as harmful constituents of an alcoholic drink; Section 68(2)(d) prescribe the hours within which the sale of alcoholic drinks shall be permitted; Section 68(2)(e) prohibit the addition or use of any harmful constituent or ingredient in the production of alcoholic drinks; Section 68(2)(f) prescribe the methods to be used in testing alcoholic drinks; Section 68(2)(g) prescribe the information that manufacturers shall provide to the relevant agency including information on alcoholic drinks, sales and advertising data, and information on product composition, ingredients, hazardous properties and brand elements; Section 68(2)(h) ensure that the purchaser or consumer of an al...

Section 69. Repeal of Caps. 70 and 121 Section The Chang’aa Prohibition Act and the Liquor Licensing Act are hereby repealed.

Section 70. Transitional Section was, in accordance with any law, a manufacturer, importer, exporter, distributor or retailer of any alcoholic drink shall be deemed to be a manufacturer, importer, exporter, distributor or retailer of any alcoholic drink under this Act;

Section 68A.[Repealed by ActNo. 38 of 2016, s. 54.]

Section 33. Disorderly conduct Section 33(1) 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 unreasonable delay before a Magistrate. Section 33(2) 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. Section 33(3)(a) be ordered by the convicting Magistrate to undergo at his own cost, such rehabilitation programme as may be appropriate in a public health institution; Section 33(3)(b) be forthwith reported by the convicting Magistrate to the District Committee, which shall inform such licensees 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 licensee so informed who knowingly sells or supplies alcoholic drinks to or for delivery to that person commits an offence, and it shall furthermore be an of...

Section 34. Breach of licence Section for a first offence, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding nine months, or to both;

Section 35. Sale to authorized officer Section Any person who knowingly sells, supplies or offers an alcoholic drink to an authorized officer or to a police officer in uniform or who harbours or suffers to remain on licensed premises any such police officer except for the purpose of keeping or restoring order or otherwise in the execution of his duty, commits an offence and is liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months, or to both.

Section 36. Non-disclosure of conviction Section Any person who is required by any provision of this Act to disclose any conviction and fails to do so when making any application commits an offence.

Section 37. Sale without licence Section 37(1) If any person purchases any alcoholic drink from a licensee whose licence does not cover the sale of that alcoholic drink for consumption on the premises, and drinks the alcoholic drink on the premises where it is sold, or in any premises adjoining or near to those premises, if belonging to the seller of the alcoholic drink or under his control or used by his permission, or on any highway adjoining or near any such premises, and it is proved to the court that the drinking of the alcoholic drink was with the privity or consent of the licensee who sold the alcoholic drink, the licensee commits an offence. Section 37(2) If a licensee whose licence does not cover the sale of alcoholic drink to be consumed on his premises himself takes or carries, or employs or suffers any other person to take or carry, any alcoholic drinks out of or from his premises for the purpose of being sold on his account, or for his benefit or profit, and of being drunk or consumed in any place (whether enclosed or not, and whether or not a public thoroughfare) other than the licensed premises, with intent to evade the conditions of the licence, the licensee commits...

Section 38. Sale of adulterated alcoholic drinks Section 38(1)(a) any alcoholic drink which has been in any way adulterated, or diluted by any person; Section 38(1)(b) any non-alcoholic drink which has been in any way adulterated with alcohol, or which contains any of the substances prohibited by the Cabinet Secretary under section 68 . Section 38(2) Any person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding ten million Kenya shillings or to imprisonment for a term not exceeding ten years, or to both. Section 38(3) On the conviction of a licensee of an offence under subsection (2), the court may, in addition to any other penalty it may lawfully impose, if it finds that the drink in respect of which the offence was committed was adulterated by a substance or substances which rendered the drink unfit for human consumption, and unless the licensee proves to the satisfaction of the court that he took all reasonable precautions against such adulteration and that such adulteration took place without his knowledge or consent, order that his licence be forfeited, and no licence shall thereafter be granted or transferred to him.

Section 39. Proof of sale Section 39(1) In any proceedings under this Act relating to the sale or consumption of an alcoholic drink, such sale or consumption shall be deemed to be proved if the court is satisfied that a transaction in the nature of a sale took place, whether or not any money has been shown to have passed, or as the case may be, if the court is satisfied that any consumption was about to take place. Section 39(2) Evidence of consumption or intended consumption of an alcoholic drink, on licensed premises by some person other than the licensee or a member of his family or his employee or agent shall be prima facie evidence that the alcoholic drink was sold by or on behalf of the licensee to the person consuming or about to consume the alcoholic drink.

Section 40. Burden of proof Section 40(1) The onus of proving that a person is licensed under this Act shall lie on that person. Section 40(2) The fact that a person not licensed under this Act to sell alcoholic drinks has a signboard or notice upon or near his premises fitted with a bar or other place containing bottles, casks or vessels so displayed as to induce a reasonable belief that alcoholic drink is sold or served therein, or having alcoholic drink concealed, or more alcoholic drink than is reasonably required for the person residing therein, shall be deemed to be prima facie evidence of the unlawful sale of alcoholic drink by that person. Section 40(3) In any proceedings under this Act, where a person is charged with selling alcoholic drink without a licence or without an appropriate licence, such alcoholic drink being in a bottle and appearing to be unopened and labelled by its bottler, the contents of such bottle shall be deemed, unless the contrary is proved, to be alcoholic drink of the description specified on the label thereof.

Section 41. Endorsement of conviction on licence Section Every licensee who is convicted of an offence under this Act shall produce his licence to the court convicting him, and the court shall endorse every such conviction on the licence and the relevant administrative officer of the court shall inform the relevant District Committee.

Section 42. Forfeiture of licence upon conviction Section whether he was present in the licensed premises or not, has permitted an unlicensed person to be the owner or part owner of the business of the licensed premises or to have a substantial interest in that business, except with the consent of the District Committee; or

Section 43. Prohibition of promotion Section 43(1) No person shall promote an alcoholic drink or an alcohol-related brand element except in accordance with the provisions of this Act. Section 43(2) A person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 44. False promotion Section 44(1) No person shall promote an alcoholic drink by any means, including by means of the packaging, that are false, misleading or deceptive or that are likely to create an erroneous impression about the characteristics, health effects, health hazards or social effects of the alcoholic drink. Section 44(2) A person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 45. Promotion by advertisement Section 45(1)(a) a link exists between consumption of that drink and social or sexual success; Section 45(1)(b) consumption of that drink is acceptable before or while engaging in driving, operating machinery, sports or other activities that require concentration in order to be carried out safely; Section 45(1)(c) that the alcoholic drink has a therapeutic value or that it has the ability to prevent, treat or cure any human disease; Section 45(1)(d) it is wrong or foolish to refuse that drink. Section 45(2) A person who contravenes any of the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both.

Section 46. Promotion at underage events Section 46(1)(a) at any event or activity associated with persons under the age of eighteen years; Section 46(1)(b) using such things or materials that are associated with persons under the age of eighteen years. Section 46(2) Any person who contravenes the provisions of this section commits an offence and shall be liable to a fine not exceeding five hundred thousand shilling or imprisonment for a term not exceeding three years, or to both such fine and imprisonment.