Kenya Breweries Limited and UDV Kenya lawyers Kamau Karori (right) accompanied by colleague Milly Odari, leaving Milimani law courts after the hearing of an application by the Kenya Breweries limited seeking to stop the police ,M.Ps, and governors from confiscating, destroying and burning of the brewer’s licensed brands in the ongoing crackdown of illicit brews on Wednesday 8 July 2015..
BY SAM ALFAN.
High court has issued an order stopping Interior Cabinet Secretary and Inspector General of Police from confiscating and destroying Kenya Breweries Limited and UDV Kenya licensed brands son the ongoing of illegal liquor.
Justice George Odunga also granted leave to the two subsidiaries of East Africa Breweries Limited to file an application for judicial review of the Alcoholic Drinks Control Regulation 2015 which was issued by Interior Cabinet Secretary.
This is after Kenya Breweries Limited and UDV Kenya moved to court this morning seeking orders prohibiting Interior Cabinet Secretary from destroying their licensed brands.
The two applicants also sued Inspector General of Police and Kenya Bureau of Standards seeking the same orders.
Kenya Breweries Limited wanted an order to compel Kenya Bureau of Standards to publish on their website and in at least one newspaper a list of their certified and licensed brands and alcoholic drinks.
They claimed that that the Alcoholic Drink Control Regulation 2015 provides a blanket ban of certain ready to drink alcoholic drinks without specifying the targeted brands.
The two added that the regulations did not define what constitute the second or third generations’ alcoholic drinks and criteria for identifying the same.
“The applicants as stakeholders in the alcoholic drinks industry were not consulted and neither was there public participation before the Regulations were issued contrary to Article 10 of the constitution,” they said in their suits papers.
They stated that the Regulations are being indiscriminately implemented with the assistance of law enforcement officers under Inspector General of Police. As a consequence, they claim their products are being represented as falling foul of the Regulations.
In a sworn affidavit by Nadida Rowlands, the Legal Director of Kenya Breweries Limited, the applicants have met all statutory obligations.
Nadida said that the two applicants and their distributors have received threats that further attacks will be carried out on their premises and products.
He said Kebs failure to publish the duly licensed alcoholic drinks has caused the irreparable damages due to loss of consumer confidence and cancellation of orders by distributors owing to the lack of clarity.
“Kenya Bureau of Standard failure has resulted in legitimate businesses of distributors, wholesalers, stockists, retailers, bars and other entertainment spots being targeted for destruction,” he said.
Nadida claims that despite seeking police protection, the looting and destruction of their properties has continued unabated.
He said that the applicants are apprehensive that if no proper guidelines are issued, the confiscation and destruction of its products will continue unabated which will occasion to irreparable damage to its brand equity and reputation built over approximately 93 years.
Justice George Odunga directed the applicants to serve the respondents and return on July 21 for further directions.
This comes as Justice Lenaola is being expected to deliver a ruling on whether to issue orders to prohibiting the government from destroying brands of Kenya Association of Spirits Manufacturers of Kenya.
Kenya Association of Spirits Manufacturers of Kenya moved to court 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.
Justice Lenaola will rule on their fate tomorrow.