County Alcoholic Drinks Control Bills (Kwale, and Kilifi counties) - Kenya Association of Hotel Keepers & Caterers (KAHC)


Counties were expected to develop and enact legislation to implement the Alcohol Drinks Control Amendment (2010) Act within their jurisdictions.

KAHC engaged with various county governments to develop county liquor laws based on the County Alcoholic Drinks Control (ADC) Model Law, developed by NACADA in 2013.

KAHC argued that enactment of the appropriate County ADC Bill would lead to increased compliance, a level playing ground and clarity on ambiguous clauses such as the 300-meter rule between alcohol selling outlets and learning institutions. It would also provide for stakeholder representation in county licensing committees.

In 2014, KAHC with BAF support pursued the development of liquor laws in counties where there was significant tourism activity including Kwale, Kisumu, Mombasa and Nakuru.

KAHC achieved some success in Mombasa County as follows:

  • Successfully lobbied for the enactment of the Mombasa County Liquor Licensing Act, 2014.
  • Appointment of eight private sector representatives to the Mombasa Directorate of Liquor Control including KAHC; Pubs and Restaurants’ Association of Kenya (PERAK); Kenya Coast Tourism Association (KCTA); and Kenya Association of Manufacturers (KAM) among others.

These successes have led to reduced time to apply for and receive a liquor licence. The application procedure is less prone to corruption and licences are now issued on the date of application as opposed to per the calendar year.

Moreover,  the county is working in partnership with the private sector thus benefiting from industry knowledge. KAHC has continued to engage with several counties to debate and enact liquor laws that create a conducive environment for businesses.

Kilifi County enacted a law without making any changes to the Model NACADA ADC Bill despite engagement with KAHC on issues with the NACADA Bill. Separately, Kwale County has shown willingness to engage with KAHC on the development of a County Alcoholic Drinks Act.

KAHC’s Position

KAHC wanted to replicate the success of Mombasa County in Kilifi and Kwale Counties. Specifically, KAHC will:

  • lobby Kilifi County to amend the Kilifi County ADC Act based on the Mombasa Act as a model and
  • lobby for the enactment of the draft Kwale County Alcoholic Drink Control Bill.

Outcome

The development and enforcement of effective county liquor laws will:

  • Create a well-regulated industry, safeguarding investments and in return protecting/creating more jobs.
  • The two counties will have favourable laws that will help spur development (e.g. growth of tourism) as opposed to one blanket ban that hurts the destination.
  • There will be increased compliance by businesses as a result of clarity on ambiguous clauses as well as the representation of private sector in county liquor committees as is the case for members from Mombasa County.
  • Enhance revenue collection as a result of clear definitions for various types of entertainment businesses.