Alcoholic Drinks Control Act

This Act may be cited as the Alcoholic Drinks Control Act.

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Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 121
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Citation provenance: source:ke:kenyalaw · schema StatuteEnrichmentPublicV1.

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Alcoholic Drinks Control Act. Defines 'a cinema or theatre' to include an assistant manager, a person holding an analogous office, or any person in charge or in control of the cinema or theatre. The Act's object is to protect the health of individuals from the dangers of excessive consumption of alcoholic drinks. The relevant agency must keep statistics on alcoholic-drinks consumption and related deaths and must carry out research, documentation and dissemination of all relevant information on alcoholic drinks. Establishes the Alcoholic Drinks Control Fund.

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Legal text

Provisions of Alcoholic Drinks Control Act

Showing 71 of 71

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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AI-assisted research summary: This Act may be cited as the Alcoholic Drinks Control Act.

Section 1. Short title Section This Act may be cited as the Alcoholic Drinks Control Act.
2
PRELIMINARY - 2. Interpretation
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AI-assisted research summary: Defines 'a cinema or theatre' to include an assistant manager, a person holding an analogous office, or any person in charge or in control of the cinema or theatre.

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;
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PRELIMINARY - 3. Object and purpose of Act
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AI-assisted research summary: The Act's object is to protect the health of individuals from the dangers of excessive consumption of alcoholic drinks.

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;

Part II

ADMINISTRATION

4
ADMINISTRATION - 4. Functions of the relevant agency
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AI-assisted research summary: The relevant agency must keep statistics on alcoholic-drinks consumption and related deaths and must carry out research, documentation and dissemination of all relevant information on 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;
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ADMINISTRATION - 5. Establishment of the Fund
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AI-assisted research summary: Establishes the Alcoholic Drinks Control Fund.

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 (5); Section 5(4)(d) any other matter incidental to the matters stated in paragraphs (a), (b) and (c). Section 5(5) An amount of not less than fifty per cent of the Fund’s annual income shall be used to equitably finance the District Committees in their operations and an additional amount of not less than fifteen per cent shall be used to fund relevant civil society programmes. Section 5(6) Unless the National Treasury otherwise directs, the receipts, earnings or accruals of the Fund and its balances at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes of the Fund.
6
ADMINISTRATION - 6. Administration of the Fund
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AI-assisted research summary: The Accounting Officer must administer the Fund and may, with the approval of the Cabinet Secretary responsible for finance, invest or place the Fund's moneys on deposit.

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 as may be required for examination and audit by the Auditor-General or under any law; and Section 6(3)(f) designate such staff as may be necessary to assist in the management of the Fund.
Referenced legislation
- Public Audit Act (Cap. 412B) (unresolved)

Part III

LICENSING

10
LICENSING - 10. Grant of a licence
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AI-assisted research summary: The District Committee must consider licence applications, indicate in writing whether it objects, and if no objection grant a licence on payment of the prescribed fee; it must publish grants in the Gazette. Applicants whose applications are returned may re-submit within six months; the Committee must determine revised applications within three months and may issue a licence if satisfied.

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(7) Where the District Committee grants a licence under this section it shall, publish the grant in the Gazette .
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LICENSING - 11. Provisional licence
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AI-assisted research summary: Allows a person with an interest in premises under construction to apply to the District Committee for an assurance that a licence will be granted on completion; applications must be accompanied by signed plans; the District Committee may give or refuse an assurance, may include reasonable conditions, and may issue a licence upon satisfaction; an assurance becomes ineffective and the Committee must not issue a licence if the applicant becomes disqualified under section 13.

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 the signed plans submitted under subsection (2) and that any conditions which may have been imposed in the assurance have been complied with, issue to the applicant a licence of the type specified in the assurance in respect of the premises. Section 11(5) Any assurance given under subsection (3) shall become ineffective and the District Committee shall not issue a licence if, between the date of the giving thereof and the date of completion of the premises, the applicant becomes a person to whom in accordance with section 13 , a licence may not be granted.
12
LICENSING - 12. Licence for premises
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AI-assisted research summary: Licences to sell alcohol must meet locality public-interest and premises standards; premises must be at least 300 metres from schools; the District Committee must not grant a licence in a supermarket unless the applicant restricts access to persons under 18.

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 years. Section 12(2) The District Committee shall not grant a licence for the sale of an alcoholic drink in a supermarket or such other related retail chain store unless it is satisfied that the applicant has taken measures to ensure that the area in which the sale is to take place is not accessible to persons under the age of eighteen years.
13
LICENSING - 13. Persons not eligible for a licence
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AI-assisted research summary: Lists categories of persons who are not eligible for a licence and grounds on which a licence-holder may be found unfit or have a licence affected.

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 elsewhere for a period in excess of six months; or Section 13(2)(d) the business to which the licence relates is conducted in a manner that is in breach of this Act, or any other rules and regulations for the time being in effect, or conditions set by the District Committee; or Section 13(2)(e) the conditions of the licence have not been satisfactorily fulfilled; or Section 13(2)(f) the premises to which the licence relates are not in a proper state of repair, or are not provided with proper sanitary arrangements, or do not comply with the reasonable requirements of the medical officer of health, and the owner of the premises or the licensee refuses or is unable to give satisfactory guarantees that the necessary repairs will be carried out, or due compliance effected, as the case may be, within a time specified by the District Committee.
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LICENSING - 14. Validity and renewal of licences
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AI-assisted research summary: District Committees may grant, renew, transfer, remove or refuse licences and may set conditions; every licence and its renewals/transfers/withdrawals/cancellations must be authenticated by the District Committee. A licence normally expires after twelve months, and if a renewal application is pending at expiry the licence remains in force until a decision is announced. After refusal or cancellation no new application of the same description may be considered for six months except at the District Committee's discretion.

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 licence of the same description shall be considered by the District Committee during the period of six months from the date of such refusal or cancellation, except at the discretion of the District Committee.
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LICENSING - 15. Appeal to High Court
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AI-assisted research summary: 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 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.
16
LICENSING - 16. Licences to body corporates
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AI-assisted research summary: Licences issued to a body corporate must be in the corporate's name; the District Committee may require disclosure of directors or refuse a licence if a director is unqualified; persons holding the secretary office are entitled to privileges and subject to duties and liabilities.

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.
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LICENSING - 17. Types of licences
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AI-assisted research summary: When the District Committee grants, renews, withdraws or cancels a licence it must include in the licence a sufficient description of the licensed premises.

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.
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LICENSING - 18. Transfer of licence
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AI-assisted research summary: A licensee who disposes of the licensed premises or business may apply in writing to the District Committee to transfer the licence; the District Committee may grant the transfer. Executors, administrators, trustees, managers or other persons approved by the District Committee may carry on the licensee's business without a transfer in certain events, and transferees or such permitted persons have the rights and duties of the original licensee. No further fee is payable for a temporarily transferred licence if at the date of grant the licence was valid for more than six months.

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 transferred under subsection (1), and every person permitted to carry on a business without a transfer or grant of a licence in pursuance of subsection (3), shall possess all the rights and be liable to all the duties and obligations of the original licensee.
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LICENSING - 19. Removal of licence
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AI-assisted research summary: If a licence renewal is refused the licensee may, on payment of the appropriate fee, be granted a short-term licence (up to three months) to dispose of stock; if the licensee appeals, payment of the fee entitles a temporary renewal until the appeal is decided unless the Cabinet Secretary directs otherwise.

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.
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LICENSING - 20. Licence to be displayed
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AI-assisted research summary: Licences must be prominently and conspicuously displayed on the premises they relate to; anyone who fails to display a licence or who causes or permits signs falsely stating they are a licensee commits an offence.

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.
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LICENSING - 21. Employment for sale of alcoholic drinks
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AI-assisted research summary: Licensees must not employ persons under 18 or convicted persons to sell or control alcoholic drinks; licensees must not let others manage premises except with written District Committee consent; licensees remain liable under the Act; contravention is 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.
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LICENSING - 22. Drunken behaviour
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AI-assisted research summary: Licensees and their agents may refuse admission and must expel drunk, violent, or quarrelsome persons; refusal to leave when asked is an offence; police must assist expulsion on demand; permitting drunken violent conduct is an offence for the licensee.

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.
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LICENSING - 23. Debt from sale of alcoholic drinks
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AI-assisted research summary: No lawsuit may be brought to recover a debt for sale of an alcoholic drink consumed on the premises unless it was sold with a meal at the time of sale or the purchaser was a lodger on the premises at the time of sale.

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.
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LICENSING - 24. Access by persons under age of eighteen years
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AI-assisted research summary: Licensees must not allow anyone under 18 to enter or access areas where alcoholic drinks are manufactured, stored or consumed.

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.
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LICENSING - 25. Reports by medical officers and police officers
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AI-assisted research summary: Medical officers of health must report licensed premises that are unsanitary or in bad repair to the District Committee; they or an authorised person may inspect premises. Police officers at or above Inspector must report in writing licensees who are drunk, keep disorderly houses, or breach the Act or licence, and such officers may inspect premises without written authority to determine if a report is required.

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.
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LICENSING - 26. Cancellation of licence
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AI-assisted research summary: The District Committee may cancel or order restrictions on a licence after considering a report; licensees may appear and persons aggrieved may appeal to the High Court within 21 days; appeals suspend the cancellation until the High Court decision; the High Court may confirm or reverse; if no successful appeal, the licensee may obtain a temporary licence up to three months on payment of a proportionate fee.

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 necessary. Section 26(4) Any person aggrieved by the decision of the District Committee upon any such report may within twenty-one days appeal against the decision to the High Court, and the judgment of the High Court on such appeal shall be final. Section 26(5) Where a licensee whose licence has been cancelled under subsection (3) appeals to the High Court under subsection (4), his licence shall not be deemed to be cancelled until the decision of the High Court is made known. Section 26(6) The High Court, on an appeal under this section, may confirm or reverse the decision of the District Committee. Section 26(7) If a licence is cancelled and no appeal is filed by the licensee against the cancellation, or if such appeal is dismissed by the High Court, the licensee shall be entitled, on payment of the proportionate part of the fee for the appropriate licence, to a licence of such description and for such period, not exceeding three months, as the District Committee may deem necessary for the purpose of disposing of the alcoholic drink or apparatus on the premises, such licence to run from the date of the decision of the District Committee or of the High Court as the case may be.
7
LICENSING - 7. Control of alcoholic drinks
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AI-assisted research summary: Section 7 lists controlled acts related to alcoholic drinks—manufacture/produce, sell/dispose/deal with, import, and export—and then sets out exceptions including medical uses, certain sales (perfumes, industrial alcohol), specified auctions and sales by legal representatives or insolvency officers, sales at Parliament with Speaker’s permission, and sales to members-only institutions of disciplined forces.

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 be sold under a wholesale alcoholic drink licence belonging to a wholesale dealer, on the licensed premises of the dealer; Section 7(3)(e) the sale by a deceased person’s legal personal representative of an alcoholic drink forming part of the estate of the deceased person; Section 7(3)(f) the sale by a trustee in bankruptcy of an alcoholic drink forming part of the bankrupt’s estate; Section 7(3)(g) the sale by the liquidator of a company of an alcoholic drink forming part of the company’s assets; Section 7(3)(h) the sale of alcoholic drink at Parliament Buildings, if sold with the permission of the Speaker of the National Assembly; Section 7(3)(i) the sale of alcoholic drink to the members only of any canteen, club, institute, mess or similar institution of the disciplined forces:
Referenced legislation
- Pharmacy and Poisons Act ( Cap. 244 ), (unresolved)
- Auctioneers Act (Cap. 526), (unresolved)
- Veterinary Surgeons and Veterinary Para-professionals Act (Cap. 366) (unresolved)
8
LICENSING - 8. Establishment of the District Committee
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AI-assisted research summary: Section 8 establishes a District Committee responsible for issuing licences and performing functions allocated by the Cabinet Secretary; it may inspect premises and sets membership and secretariat arrangements.

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 be prescribed. Section 8(6) The relevant agency shall provide secretariat services for the District Committee.
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LICENSING - 9. Application for licence
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AI-assisted research summary: Applications to manufacture or sell alcoholic drinks must be made to the District Committee in a prescribed form and a prescribed fee paid; objections may be lodged in writing with specified notice and procedural steps.

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 Police, or to such police officer as the Inspector-General of Police may have notified the District Commissioner that he has appointed to receive it on his behalf; Section 9(3)(d) sent to the medical officer of health of the district in which the premises in respect of which the licences are applied for are situated; and Section 9(3)(e) sent to the local authority of the area in which the premises in respect of which the licences are applied for are situated. Section 9(4) The Inspector-General of Police or, as the case may be, of the police officer appointed by him for that purpose; the medical officer of health; and an officer from the local authority shall, before the hearing of any application under this section, report as fully as possible to the District Committee on all matters which may be relevant to the consideration of the application. Section 9(5) Any person may lodge objection to an application. Section 9(6) Every objection to an application shall be made in writing to the Secretary to the District Committee, and the objector shall serve notice of the grounds of the objection on the applicant, personally or by post, at least seven days before the hearing of the application and the onus of proof of such service shall be on the objector. Section 9(7) A District Committee may of its own motion take notice of any matter or thing which, in the opinion of the Committee, constitutes an objection to an application, whether or not any objection has been otherwise lodged. Section 9(8) Where in respect of an application a District Committee acts in pursuance of subsection (7), the Committee shall inform the applicant of the nature of the objection, and shall, if the applicant so requests, adjourn the hearing for such period, not being less than seven days, as the District Committee considers necessary to enable the applicant to reply thereto. Section 9(9) Every person making an application shall, save as otherwise provided, appear in person or by an advocate before the District Committee, and shall satisfy the District Committee that there is need for the grant of a licence of the type applied for in the particular locality in respect of which the application is made. Section 9(10) A District Committee may require the personal appearance before it of the applicant, or of the manager of the premises to which the application relates, or of both of them and of any other person whose attendance is considered by the committee to be necessary. Section 9(11) Any objector may appear personally or by an advocate at the hearing of the application. Section 9(12) A local authority may authorize, in writing, any person to appear before any District Committee having jurisdiction in any part of the area within the jurisdiction of the local authority for the purpose of representing the inhabitants of that part in respect of any objection lodged to an application. Section 9(13) Where a District Committee considers it necessary to take evidence respecting any question to be determined by the court, such evidence shall be given on oath, and the chairman shall be empowered to administer oaths. Section 9(14) For the purposes of Chapter XI of the Penal Code ( Cap. 63 ) (which concerns offences relating to the administration of justice), all proceedings before a District Committee shall be deemed to be judicial proceedings. Section 9(15) Every District Committee shall maintain records of all its proceedings, and, in particular, of the purpose for which an application was made, and notes of the evidence given and of the arguments adduced and the decision of the court thereon: Provided that no decision shall be quashed on appeal solely by reason of any omission or error in such record, unless it appears that a substantial miscarriage of justice has thereby been occasioned. Section 9(16)(a) the available premises are suitable with regard to the nature of the licence being sought; Section 9(16)(b) the premises conform to the prescribed requirements of the occupational health and safety regulations; Section 9(16)(c) the applicant possesses the infrastructure and equipment necessary to carry out the business applied for; and Section 9(16)(d) the premises has sufficient number of competent staff in line with such norms as may be prescribed. Section 9(17) A licence under this section shall be applied for and issued electronically. [Act No. 25 of 2022 , Sch.]
Referenced legislation
- Act No. 25 of 2022 (unresolved)
- Kenya Gazette (unresolved)
- Penal Code ( Cap. 63 ) (unresolved)

Part IV

GENERAL REQUIREMENTS

27
GENERAL REQUIREMENTS - 27. Conformity with requirements
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AI-assisted research summary: The manufacture or distillation of Chang’aa prior to this Act must conform to the prescribed standards or the requirements of this Act.

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.
28
GENERAL REQUIREMENTS - 28. Supply to young persons
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AI-assisted research summary: It is prohibited for any person to knowingly sell, supply or provide alcoholic drinks to anyone under 18; doing so is an offence punishable by a fine up to 150,000 shillings, imprisonment up to one year, or both, but it is a defence if the seller attempted to verify age by checking specified documents; it is also prohibited to manufacture or sell items that imitate alcoholic drinks, punishable by a fine up to 500,000 shillings or imprisonment up to three years, or 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 sweets, snacks and toys that resemble or imitate alcoholic drinks. Section 28(6) A person who contravenes the provisions of subsection (5) 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.
29
GENERAL REQUIREMENTS - 29. Display of signs
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AI-assisted research summary: Every retailer must post prescribed signs informing the public that selling or giving alcoholic drinks to persons under eighteen is prohibited.

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.
30
GENERAL REQUIREMENTS - 30. Vending machines
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AI-assisted research summary: No person may permit the sale of an alcoholic drink by an automatic vending machine.

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.
31
GENERAL REQUIREMENTS - 31. Selling in sachets
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AI-assisted research summary: No person may sell, manufacture, pack or distribute alcoholic drinks in sachets or in containers under 250 mililitre; contravention is an offence punishable by fine or imprisonment.

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.]
Referenced legislation
- Act 38 of 2013 (unresolved)
- Act No. 10 of 2013 (unresolved)
32
GENERAL REQUIREMENTS - 32. Information required on packages
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AI-assisted research summary: Packages of alcoholic drinks must display a statement of constituents and at least two prescribed health warnings in English or Kiswahili; manufacturers, importers and sellers/distributors are subject to these requirements, with an exception for drinks made in Kenya for export.

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 which does not conform to the requirements of subsection (2) shall, at the point of importation, ensure that the imported alcoholic drink bears such sticker containing the warning messages specified under subsection (2) as may be prescribed. Section 32(7) The requirements of this section shall not apply to an alcoholic drink which is manufactured in Kenya for export. Section 32(8) A person who contravenes any of the provisions of this section commits an offence and shall be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 32(9) This section shall come into operation upon expiration of six months from the date of commencement of this Act.

Part IX

MISCELLANEOUS

68
MISCELLANEOUS - 68. Regulations
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AI-assisted research summary: The Cabinet Secretary may make Regulations to carry out this Act and may prescribe or prohibit specific matters listed in subsection (2).

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 alcoholic drink is not misled as to its quality, quantity, character, value, composition, effect, merit or safety; Section 68(2)(h)(i) ensure that the purchaser or consumer of an alcoholic drink is not misled as to its quality, quantity, character, value, composition, effect, merit or safety; Section 68(2)(h)(ii) prevent injury or harm to the health of the consumer; Section 68(2)(i) prescribe the forms of applications, notices, licences and other documents for use under this Act; Section 68(2)(j) prescribe the fees payable under this Act.
68A
MISCELLANEOUS - 68A.[Repealed by ActNo. 38 of 2016, s. 54.]
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AI-assisted research summary: Section 68A was repealed by ActNo. 38 of 2016, s. 54.

Section 68A.[Repealed by ActNo. 38 of 2016, s. 54.]
Referenced legislation
- ActNo. 38 of 2016 (unresolved)
69
MISCELLANEOUS - 69. Repeal of Caps. 70 and 121
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AI-assisted research summary: Repeals the Chang’aa Prohibition Act and the Liquor Licensing Act.

Section 69. Repeal of Caps. 70 and 121 Section The Chang’aa Prohibition Act and the Liquor Licensing Act are hereby repealed.
Referenced legislation
- Chang’aa Prohibition Act (unresolved)
- Liquor Licensing Act (unresolved)
70
MISCELLANEOUS - 70. Transitional
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AI-assisted research summary: Persons who are manufacturers, importers, exporters, distributors or retailers of alcoholic drinks are to be regarded as such under this Act.

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;

Part V

SALE AND CONSUMPTION

33
SALE AND CONSUMPTION - 33. Disorderly conduct
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AI-assisted research summary: Police officers may arrest and bring before a Magistrate anyone found drunk and incapable or drunk and disorderly in or near public places; convicted persons face a fine up to five hundred shillings or imprisonment up to three months or both, may be ordered to undergo rehabilitation at their own cost, may be reported to the District Committee triggering a 12‑month restriction on licensees supplying them with alcohol and offences for possession; licensees who sell to intoxicated persons or encourage consumption commit an offence.

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 offence for that person to be in possession of any alcoholic drink. Section 33(4) Any licensee who sells an alcoholic drink to a person already in a state of intoxication or by any means encourages or incites him to consume an alcoholic drink commits an offence.
34
SALE AND CONSUMPTION - 34. Breach of licence
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AI-assisted research summary: First offence for breach of licence: a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding nine months, or both.

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;
35
SALE AND CONSUMPTION - 35. Sale to authorized officer
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AI-assisted research summary: 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 such a police officer on licensed premises (except to keep or restore order or in execution of duty), commits an offence and may be fined up to fifty thousand shillings or imprisoned for up to three months, or 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.
36
SALE AND CONSUMPTION - 36. Non-disclosure of conviction
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AI-assisted research summary: If a person who is required to disclose a conviction by this Act fails to disclose it when making an application, that person commits an offence.

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.
37
SALE AND CONSUMPTION - 37. Sale without licence
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AI-assisted research summary: A licensee who allows sale or consumption of alcoholic drinks contrary to the licence (including permitting drinking with the licensee's consent, or carrying drinks out to sell to evade licence conditions) 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 an offence, and, if the place is any house, tent, shed or other building belonging to the licensee or hired, used or occupied by him, the licensee shall be deemed, unless the contrary is proved, to have intended to evade the conditions of the licence.
38
SALE AND CONSUMPTION - 38. Sale of adulterated alcoholic drinks
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AI-assisted research summary: Selling or possessing adulterated alcoholic or non-alcoholic drinks (including those diluted or containing prohibited substances) is prohibited; contravention is an offence punishable by a fine up to ten million Kenya shillings or imprisonment up to ten years, and on conviction a court may order licence forfeiture unless the licensee proves due precautions.

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.
39
SALE AND CONSUMPTION - 39. Proof of sale
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AI-assisted research summary: A court will deem a sale or consumption of an alcoholic drink proved if satisfied a sale-like transaction occurred or consumption was about to occur; consumption on licensed premises by someone other than the licensee (or close family/employee/agent) is prima facie evidence the drink was sold by or on behalf of the licensee.

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.
40
SALE AND CONSUMPTION - 40. Burden of proof
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AI-assisted research summary: A person who claims to be licensed must bear the onus of proving they are licensed under this Act.

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.
41
SALE AND CONSUMPTION - 41. Endorsement of conviction on licence
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AI-assisted research summary: Licensees convicted under this Act must produce their licence to the convicting court; the court must endorse the conviction on the licence; the court's administrative officer must inform the relevant District Committee.

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.
42
SALE AND CONSUMPTION - 42. Forfeiture of licence upon conviction
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AI-assisted research summary: Licence is forfeited upon conviction where a person has permitted an unlicensed person to own or have a substantial interest in a licensed premises without District Committee consent.

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

Part VI

PROMOTION

43
PROMOTION - 43. Prohibition of promotion
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AI-assisted research summary: No person shall promote an alcoholic drink or an alcohol-related brand element except in accordance with the provisions of this Act.

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.
44
PROMOTION - 44. False promotion
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AI-assisted research summary: No person may promote an alcoholic drink by any means, including packaging, in a way that is false, misleading, deceptive, or likely to create an erroneous impression about its characteristics, health effects, health hazards or social effects.

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.
45
PROMOTION - 45. Promotion by advertisement
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AI-assisted research summary: Section 45 lists promotional statements about alcoholic drinks (subsections (1)(a)–(d)) and prescribes penalties for contravention (fine up to five hundred thousand shillings, or imprisonment up to three years, or 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.
46
PROMOTION - 46. Promotion at underage events
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AI-assisted research summary: Promotion at underage events

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.
47
PROMOTION - 47. Encouraging consumption
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AI-assisted research summary: No person must promote an alcoholic drink in a way that encourages more consumption to win an award or prize.

Section 47. Encouraging consumption Section 47(1) No person shall promote any alcoholic drink in such a manner as to encourage more consumption of an alcoholic drink in order to win an award or prize. Section 47(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.
48
PROMOTION - 48. Communication media
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AI-assisted research summary: Persons must not publish, broadcast or otherwise disseminate prohibited promotions; cross-border publications, broadcasts or communications originating outside Kenya that promote regulated products or contain alcohol-related brand elements in breach of this Part are also prohibited; contraventions are an offence punishable by a fine up to three million Kenya shillings or imprisonment up to three years, or both.

Section 48. Communication media Section 48(1) No person shall, on behalf of another person, with or without consideration, publish broadcast or otherwise disseminate any promotion that is prohibited by this Part. Section 48(2) No person shall, by means of a publication that is published outside Kenya, or a broadcast that originates outside Kenya, or any other communication that originates outside Kenya, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains an alcohol-related brand element in a manner that is contrary to the requirements of this Part. Section 48(3) Any person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding three million Kenya shillings or to imprisonment for a term not exceeding three years, or to both.
49
PROMOTION - 49. Display of notices
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AI-assisted research summary: Managers or owners of places selling alcoholic drinks must display clear notices in English or Kiswahili that drinking is prohibited for persons under 18 and state the prescribed penalty; contravention is an offence punishable by a fine up to fifty thousand shillings, or up to six months imprisonment, or both.

Section 49. Display of notices Section 49(1) The manager or owner of a place where an alcoholic drink is sold shall cause to be displayed therein, clear and prominent notices in English or Kiswahili stating that drinking of alcoholic drinks is prohibited for persons under the age of eighteen years and the prescribed penalty thereof. Section 49(2) Every notice under subsection (1) shall be in such form and of such size, and shall be posted in such place, as may be prescribed. Section 49(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.

Part VII

ENFORCEMENT

50
ENFORCEMENT - 50. Authorised officers
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AI-assisted research summary: The Cabinet Secretary must appoint authorised officers for each district on recommendation of the respective District Committee and must issue a certificate of appointment to each appointee.

Section 50. Authorised officers Section 50(1) The Cabinet Secretary shall, upon recommendation by the respective District Committee, appoint for each district, any person or class of persons to be authorised officers for purposes of this Act. Section 50(2) The Cabinet Secretary shall issue a certificate of appointment to every person appointed under this section. Section 50(3)(a) public health officers appointed under the Public Health Act ( Cap. 242 ); and Section 50(3)(b) any other person upon whom any written law vests functions of the maintenance of law and order.
Referenced legislation
- Public Health Act ( Cap. 242 ); (unresolved)
51
ENFORCEMENT - 51. Places authorized officers may enter
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AI-assisted research summary: Authorised officers may enter premises at reasonable times if they reasonably believe someone is contravening the Act; if required they must produce their certificate under section 50(2).

Section 51. Places authorized officers may enter Section 51(1) For the purposes of ensuring compliance with this Act, an authorised officer may, at any reasonable time, enter any place in which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of this Act. Section 51(2) An authorised officer entering any premises under this section shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under section 50 (2).
52
ENFORCEMENT - 52. Powers of officers
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AI-assisted research summary: Officers have the power to examine an alcoholic drink or anything referred to in that section.

Section 52. Powers of officers Section examine an alcoholic drink or anything referred to in that section;
53
ENFORCEMENT - 53. Use of records
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AI-assisted research summary: Use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act.

Section 53. Use of records Section use or cause to be used any computer system in the place to examine data contained in or available to the computer system that is relevant to the administration or enforcement of this Act;
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ENFORCEMENT - 54. Entry of dwelling place
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AI-assisted research summary: An authorised officer must not enter a dwelling place except with the occupant's consent or with a warrant under section 55.

Section 54. Entry of dwelling place Section An authorised officer may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant issued under section 55 .
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ENFORCEMENT - 55. High Court to issue warrant
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AI-assisted research summary: The High Court has power to issue a warrant to enter a dwelling where specified conditions in subsection (1) are met.

Section 55. High Court to issue warrant Section 55(1)(a) the dwelling place is a place referred to in section 51 ; Section 55(1)(b) entry to the dwelling place is necessary for the administration or enforcement of this Act; Section 55(1)(c) the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused. Section 55(2) The time of such entry shall be between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.
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ENFORCEMENT - 56. Use of force
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AI-assisted research summary: An authorised officer executing a warrant under section 55 must not use force unless accompanied by a police officer and the warrant specifically authorises the use of force.

Section 56. Use of force Section An authorised officer executing the warrant issued under section 55 shall not use force unless such officer is accompanied by a police officer and the use of force is specifically authorised in the warrant.
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ENFORCEMENT - 57. Certificate of analysis
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AI-assisted research summary: An authorised officer who has analyzed or examined an alcoholic drink or a sample must issue a certificate or report giving the analysis or examination results.

Section 57. Certificate of analysis Section An authorised officer who has analyzed or examined an alcoholic drink or thing under this Act, or a sample of it, shall issue a certificate or report setting out the results of the analysis or examination.
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ENFORCEMENT - 58. Assistance of officers
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AI-assisted research summary: The inspecting agent named in subsection (1) must issue the inspection completion and certification certificate once satisfied with the inspection.

Section 58. Assistance of officers Section 58(1)(a) provide all reasonable assistance to enable the authorised officer to carry out his duties under this Act; Section 58(1)(b) furnish the authorised officer with such information as the officer reasonably requires for the purpose for which entry into the place has been made. Section 58(2) The inspecting agent in subsection (1) shall issue the respective inspection completion and certification certificate once satisfied with the inspection.
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ENFORCEMENT - 59. Obstruction
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AI-assisted research summary: No person must not obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer carrying out duties under this Act.

Section 59. Obstruction Section No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under this Act.
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ENFORCEMENT - 60. Seizure
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AI-assisted research summary: Authorised officers may seize alcoholic drinks or related things during inspections on reasonable grounds; they must make a full inventory at seizure. Officers may direct storage or removal of seized items. No person may interfere with seized items unless authorised. Persons from whom items were seized may apply to the High Court within thirty days and must send prescribed notice to the Cabinet Secretary.

Section 60. Seizure Section 60(1) During an inspection under this Act, an authorised officer may seize any alcoholic drink or thing by means of which or in relation to which the officer believes, on reasonable grounds, that this Act has been contravened and a full inventory thereof shall be made at the time of such seizure by the officer. Section 60(2) The authorised officer may direct that any alcoholic drink or thing seized be kept or stored in the place where it was seized or that it be removed to another place. Section 60(3) Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any alcohol, alcoholic drink or other thing seized. Section 60(4) Any person from whom an alcoholic drink or thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Cabinet Secretary within the prescribed time and in the prescribed manner.
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ENFORCEMENT - 61. Order for restoration
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AI-assisted research summary: An applicant is entitled to possession of seized alcoholic drink or thing (subject to it not being required as evidence), and the court may order restoration after 180 days if no proceedings have started.

Section 61. Order for restoration Section 61(1)(a) the applicant is entitled to possession of the alcoholic drink or thing seized; and Section 61(1)(b) the alcoholic drink or thing seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act. Section 61(2) Where upon hearing an application made under subsection (1) the court is satisfied that the applicant is entitled to possession of the alcoholic drink or thing seized but is not satisfied with respect to the matters mentioned in subsection (1)(b), the court may order that the alcoholic drink or thing seized be restored to the applicant on the expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under this Act have been commenced before that time.
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ENFORCEMENT - 62. General penalty
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AI-assisted research summary: A person convicted of an offence under this Act for which no other penalty is provided may be fined up to five hundred thousand shillings, imprisoned for up to three years, or both.

Section 62. General penalty Section Any person convicted of an offence under this Act for which no other penalty is provided 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.
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ENFORCEMENT - 63. Nature of offences
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AI-assisted research summary: Directors or officers who acquiesce in offences by a corporation or similar entity commit an offence; acts or omissions by employees can be treated as those of their employer and proceedings may be taken against both employer and employee.

Section 63. Nature of offences Section 63(1) Offences under this Act, other than the offences specified under Part VI, shall be cognizable offences. Section 63(2) Where a corporation, registered society or other similar legal entity commits an offence under this Act, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence and shall, on conviction, be liable to the penalty provided for by this Act in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted. Section 63(3) In any prosecution for an offence under this Act, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused. Section 63(4) Any act done or omitted to be done by an employee in contravention of any of the provisions of this Act shall be deemed also to be the act or omission of the employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.
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ENFORCEMENT - 64. Nature of evidence in proceedings
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AI-assisted research summary: Certain certified copies and reports are admissible as evidence in prosecutions under the Act; the party intending to produce a certificate or report must give the other party at least seven days' notice and a copy before trial, and the party against whom it is produced may, with the court's leave, require the officer's attendance for cross-examination.

Section 64. Nature of evidence in proceedings Section 64(1) In any prosecution for an offence under this Act, a copy of any written or electronic information obtained during an inspection under this Act and certified to be a true copy thereof shall be admissible in evidence and shall, in the absence of evidence to the contrary, be proof of its contents. Section 64(2) Subject to this Part, a certificate or report purporting to be signed by an officer stating that the officer analyzed anything to which this Act applies and stating the results of the analysis, shall be admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report. Section 64(3) The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report. Section 64(4) The party against whom the certificate or report provided for under subsection (3) is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination. Section 64(5)(a) information on a package indicating that it contains an alcoholic drink is, in the absence of evidence to the contrary, proof that the package contains an alcoholic drink; and Section 64(5)(b) a name or address on a package purporting to be the name or address of the person by whom the alcoholic drink was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person.

Part VIII

EDUCATION AND INFORMATION

65
EDUCATION AND INFORMATION - 65. Government to undertake information, education and communication
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AI-assisted research summary: The Government must promote public awareness of the health risks and addictive nature of excessive alcohol consumption through a comprehensive nationwide education and information campaign conducted via relevant ministries, agencies and civil society; agencies and local authorities must run related training and local campaigns and ensure participation of affected individuals and groups.

Section 65. Government to undertake information, education and communication Section 65(1) The Government shall promote public awareness about the health consequences, addictive nature and mortal threat posed by excessive alcoholic drink consumption through a comprehensive nationwide education and information campaign conducted by the Government through the relevant Ministries, departments, authorities and other agencies including the relevant non-governmental organizations and civil society. Section 65(2) The education and information campaign referred to in subsection (1) shall focus on the family as the basic social unit and shall be carried out in all schools and other institutions of learning, all prisons, remand homes and other places of confinement, amongst the disciplined forces, at all places of work and in all communities in Kenya. Section 65(3) The relevant agency in collaboration with the Government and the relevant civil society groups shall provide training, sensitization and awareness programmes on alcoholic drink control for community workers, social workers, media professionals, educators, decision makers, administrators and other concerned persons for proper information, dissemination and education on alcoholic drinks. Section 65(4) In conducting the education and information campaign referred to in this section, the relevant agency and Government shall ensure the involvement and participation of individuals and groups affected by misuse of alcoholic drinks. Section 65(5) Every local authority in collaboration with the civil society and the relevant agency, shall conduct education and information campaigns on alcoholic drink within its area of jurisdiction. Section 65(6)(a) recognize alcoholism as a disease and the alcohol use disorders as defined and classified by World Health Organization shall be recognized as disorders in Kenya; Section 65(6)(b) promote the establishment of treatment and rehabilitation programmes that are affordable; Section 65(6)(c) educate the public on the benefits of using affordable alternatives to dangerous liquor.
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EDUCATION AND INFORMATION - 66. Integration of alcohol matters into syllabuses
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AI-assisted research summary: The relevant agency must liaise with the Cabinet Secretary responsible for education to include instruction about alcohol harms in school subjects at all education levels and systems.

Section 66. Integration of alcohol matters into syllabuses Section The relevant agency shall liaise with the Cabinet Secretary responsible for education, to integrate instruction on the health consequences, addictive nature and mortal threat posed by alcoholic drink consumption in subjects taught in public and private schools at all levels of education, including informal and non-formal and indigenous learning systems.
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EDUCATION AND INFORMATION - 67. Integration of alcohol matters into healthcare
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AI-assisted research summary: The relevant agency must liaise with the Ministry responsible for health so that education and information on alcoholic drink use are part of healthcare services, and the relevant agency and the Government must provide training to healthcare providers on disseminating that information.

Section 67. Integration of alcohol matters into healthcare Section 67(1) The relevant agency shall liaise with the Ministry for the time being responsible for health to ensure that alcoholic drink use education and information dissemination shall form part of healthcare services by healthcare providers. Section 67(2) For the purposes of subsection (1), the relevant agency and the Government shall provide training for the healthcare providers to acquire skills for proper information dissemination and education on alcohol consumption.

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