Business Daily (Nairobi)
3 November 2009
The proposal seeking to repeal the ban on brewing, sale and consumption of traditional liquor, a move that could legalise chang'aa, needs to be looked at keenly by policy makers.
For decades now, the ban on the illicit liquor has only succeeded in one thing: it has driven the business underground and with disastrous results.
Scores of Kenyans have died while dozens have become blind after consuming the cheap illicit drinks, which are sometimes laced with deadly additives.
They are brewed in blatant contravention of the set requirements for manufacturing as well as trade in alcoholic beverages -- tax obligations, quality certification, wholesomeness and packaging.
The proposal is contained in the Alcoholic Drinks Control Bill, 2009 sponsored by Naivasha MP John Mututho and would usher in a new licensing regime for alcoholic drinks through repeal and modifications to the Liquor Licensing Act as well as the Chang'aa Prohibition Act. For years, the government has been pushed into disaster management in dealing with the deadly consequences of consumption of such illicit brews.
Lifting the ban presents a positive case scenario for the economy given its potential with illicit brews estimated to control at least 50 per cent of Kenya's Sh40 billion liquor market.
It could give birth to small but regulated brewers of chang'aa, lead to better packaging of the drink and heighten competition with established brewers for the spirits market.
This could be good news for Kenya Revenue Authority (KRA) as it will now be able to tap into the untaxed illicit brew market.
Weak enforcement has left these drinks to be sold openly to consumers most of who are attracted to them by the low prices achieved through non-payment of taxes.
The proposed law also seeks to protect consumers of alcoholic drinks from misleading and deceptive inducements while proposing measures to eliminate smuggling, illicit manufacturing and counterfeiting.
Studies have shown that to hasten the production process and increase the quantity to enhance the potency of chang'aa, majority of producers resort to adulterating.
It's on this basis that the National Agency for the Campaign Against Drug Abuse (Nacada) is supporting the Bill, arguing that such a law would herald standards in distilling the liquor thus curbing deaths and health implications.
If the authorities cannot control the brewing of chang'aa, then they should introduce production standards which will guide the way it is made by detailing the ingredients.
The views of the body pushing the anti-drug abuse agenda in the country should be considered.
It's apparent that the country cannot deal with the chang'aa problem by banning it.
On the negative, legalising the brew could enhance Kenya's drinking problem as people would now consume without fear of being arrested and prosecuted as is the case today.
Hundreds of Kenyans are grappling with alcohol addiction and the problem remains a headache for policymakers especially with increased cases of underage drinking.
It's evident that many families have broken down as a result of alcoholism while children suffer emotional and physical neglect in the hands of drinking parents and domestic violence is fuelled by alcohol abuse.
It is against this background that the government should pick up the issue of re-looking at the traditional brews sector and see what synergies it can draw from the proposal.
It's clear that the government cannot control standards for something that is illegal and as such it can consider the proposal to lift the ban.
But again, it must weigh the implications of doing so.
MPs should also exercise sobriety when debating the Bill once it comes up in the House.
This would ensure that any regulatory loopholes in the alcohol industry are thrashed out and sealed.
This presents an opportunity for a start of what has been an elusive journey to fixing the illicit brews problem.
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