Kabete Member of Parliament Fardinard Waititu leaving Milimani law courts after Kenya Association of Spirits Manufacturers of Kenya were ordered to deposit their licences in court to prove they are registered on Tuesday 7 July,2015.
BY SAM ALFAN.
Kenya Association of Spirits Manufacturers of Kenya has been ordered to deposit their licences in court to prove they are registered and they are operating legally.
This after Kabete Member of Parliament Ferdinand Waititu applied to have petitioner filed by officials of the association of spirits manufacturers dismissed on grounds that it lacks material; disclosure.
The MP contest that the officials lack the capacity to lodge the proceedings against him, saying that the chairman or secretary of the association have not been named in the petition to give credence to their claim.
The legislator through his lawyer Harrison Kinyanjui, told the court that, te petitioners ought to have disclosed the names of the society has required by law, saying falling do so amount to te breach of constitution.
The lawyer told Justice Isaac Lenaola, that Robert Kanogo who claims to be secretary of the society-has not demonstrated his capacity by way of evidence.
He told the court that at the hearing of te petition he will be raising a preliminary objection and ask the court to dismiss the application claim to hold the MP for destroying their business premises.
Kinyanjui said that, the said secretary general of the society has not disclosed the capacity of Mr James Gichane Mbuthia to exemplify has-stated in the exhibit to their petition.
“Without validating the unfounded proceedings the capacity of the petitioner is legally deficient, adding that there is no valid constitution of the association who have sued the MP
The lawyer submitted that several limited companies which include Aberdares beverage, Julijo Investment Tallant Reverages,Awas Enterprises, Elle Kenya,FlousHolding, Tylex East Africa Breweries and Rhinno Beverages limited not are not listed as members of the association and therefore lack the capacity to lodge proceedings against the MP.The Association moved to court yesterday seeking conservatory orders to restrain public officers from organizing gangs or inciting members of the public from intruding into their licensed premises on the ongoing fight again illicit liquor.
The association is protesting the Spirits e destruction and looting of their products. The association claims that the rowdy gangs are led by kabete Member of Parliament Ferdinand Waititu.
The association has sued the Inspector General, Attorney General, Cabinet Secretary Ministry of Interior and Kabete Member of Parliament Ferdinand Waititu who is seen as a pioneer of the ongoing operation.
The association, comprising members such as Kenya Breweries Limited (KBL), London Distillers, Kwal, UDV (a KBL subsidiary that manufactures spirits), Africa Spirits and Keroche, has sued the Interior and Coordination Cabinet Secretary Joseph Nkaissery, the Attorney General, the Inspector general of Police and Kabete Member of Parliament Ferdinand Waititu.
Through lawyer Karugu Muguku, who for brewers under the umbrella of Association of Spirit Manufacturers of Kenyathey claimed that violent looting and mass destruction of property has been tolerated and supervised by law enforcement agencies as well as by state officers even though their members are fully compliant to the laws relating to manufacturing of alcoholic drinks.
Mr Muguku told High Court judge Isaac Lenaola that the association’s members are legitimate investors who are equally entitled to the right of protection and that the raids have resulted to massive loss of property.
They want the court to issue orders stopping the sued parties from organizing further raids on properties stocking licensed alcoholic drinks besides granting them prompt protection.
This comes a day after the spirit manufacturers announced plan to sue the government for destruction to their property in the ongoing war on illicit brews adding that several legitimate businesses have been unfairly targeted.
Association of Spirit Manufacturers of Kenya chairman Francis Kiambi said yesterday that the disorderly raid on premises selling and producing alcohol in some parts of the country has been a witch-hunt likely to lead to major loan defaults after producers and distributors incurred heavy losses. The association plans to file a case in court today, it said.
Some of the major players whose products were destroyed in the raids include Kenya Breweries, London Distillers, Kwal, UDV (an arm of Kenya Breweries that specializes in spirits), Africa Spirits and Keroche.
“The losses are in billions, I cannot give the exact estimate now because we are still assessing but the losses are huge,” Kiambi said.
Kiambi pointed an accusing finger at some MPs saying they incited the public to conduct mob ‘justice’, adding that they misunderstood the presidential directive given last Wednesday. He added that in some areas, police stood by as the public looted factories and bars under the guise of searching for illicit brews.
Justice Lenaola directed the matter to be mentioned before him tomorrow when the association is expected to unveil their licences for further directions.