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Hansard on the Nyandarua County Alcoholic Drinks Control Bill, 2014

18TH JUNE 2014

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

1st ASSEMBLY-2nd SESSION

OFFICIAL HANSARD REPORT

Hon. Speaker on the chair

2.30 PM

Prayer.

Speaker: Clerk confirm whether there is quorum

Clerk: There is not quorum Mr. Speaker

Speaker: The bell shall be rang for the initial ten minutes by the Sergeant-At- Arms.

(Bell rings)

Clerk: There is quorum now Mr. Speaker.

Speaker: Then bell can then be disengaged.

Speaker: First order.

Clerk: Administration of oath.

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor.

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Speaker: Next.

Clerk: Communication from the Chair

Speaker: Hon. Members, I had indicated that I would give a communication today on the

procedure on introduction of Bills in the house and this is the communication I would wish to

make. It has been noted that business of the Assembly regarding communication of Bill has been

compromised by failure to adhere to the proper procedure as prescribed under Section 21 of The

County Government Act, which confers upon the County Assembly powers to exercise its

legislative duty through Bills passed by the County Assembly and assented to by the Governor.

The House Standing Orders under part 19 give life to the provisions of County government act by

lying down the correct procedure to be followed.

Hon. members, I urge you to consult the provisions of the standing orders number 108 to 114 for

this purpose; that is introduction of Bills and Standing Orders 109 that requires that a legislative

proposal for which a member or a committee is in charge shall be accompanied by a memorandum

setting out;

a. The statement of objects and reasons of the Bill

b. Statement of delegation legislative powers and limitations of fundamental rights and freedoms if

any.

c. An indication whether it concerns County governments

d. A statement of the financial implications and if the expenditure of the public money will be

involved should the Bill be enacted under estimate where possible as such expenditure

I also believe that at least the following documents should be the primary documents before a

legislative proposal is prepared. These are: the policy papers and the public participation and stake


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holders’ reports, relevant statistics informing the Bill periodical reports where necessary. The

legislative proposal is therefore submitted to the relevant committee for pre-publication, scrutiny

and comments. I think members it is very important to note that all Bills that have been brought

here, have always been published, but none of them has been taken to the relevant committee as

per the provisions of the standing orders, for pre-publication, scrutiny and comments.The

committee should then submit its comments of legislative proposal to the Chairman within 14

days of receipt of the legislative proposal and this time still, the Bill is not yet published. It is at

this point that the Chairman directs that the proposal either will not to be continued with or accept

it is certified.

The only point where the Chairman can reject such a proposal is not through capricious exercise of

authority but be guided squarely by the constitution and all relevant statutory provisions for a Bill

at that stage, to be rejected by the house . All money Bills as defined in the standing order 109(2)

and the County Act Section 21 is to be referred to budget and appropriation committee to go

through the above referred exercise that is actually as per the provisions of the County government

act and the standing orders.

Hon. Members, on meeting these requirements, it is required that the proposed Bill be published

together with the memorandum of objects and reasons in the County gazette and the Kenya

gazette. This Hon. members is a challenge on us to ensure that the executive actually do

establish a County gazette because the law today requires that these legislative proposal should

be published in both Kenya Gazette and the County Gazette.

On publication the Bill should then be introduced in the Assembly within 14 days, for money Bills

to be introduced within 7 days after publications. Bills introduced in the Assembly shall go the


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first reading, without motion or question put, the Bill henceforth stands committed to the relevant

sectorial committee under the standing order 119.The committee is tasked to interrogate the Bill

and ensure full public participation. The committee should prepare a report to present within 21

days to the Assembly. Upon presentation of the report, it becomes a Bill if not presented to the

Assembly, the Bill shall be ordered to be read the second time as the house committee do

consultations with the members in charge shall appoint or rather the Chairman of the committee

can give a progressive report to the house. The report is noted purpose of members’ information

but no debate is subjected to the same. The Bill shall be subjected to the second reading upon

which it shall stand committed to the Committee of the Whole Assembly under Standing Order

121.

Hon. Members, at this time it’s important to note that standing order 127 and 128 on procedure of

Bills reported to the Committee of the Whole House and from select committee respectively do

stand in contradiction to standing order number 21 and of the known practices and procedures on

parliamentary business.

Hon. Members you will note that yesterday ruled against member of Karau for moving a motion

for the approval of the report. That is because according to standing order number 21, no

amendment can be done during second reading and no question can be put but if the report is

approved and which the report contains the amendments, then amendments will have been

approved by the house and when we go to the committee of the whole house, then already you

have the amendments as presented to this house by the relevant committee.

Further, members you will note that under Standing order 21, although the Bill will be read for

the second time and debated no question can be put because parliamentary practice if a question


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is put and the same and then taken then the committee of the whole house will be doing business

in futility. This is because the amendments will have already been passed during the second

reading upon adopting report by the house. Therefore this is a challenge to the house business

committee to look at the same and make the necessary amendments to the standing orders to

ensure that they rhyme and are in consonance and also they respect inherent practices and

procedures of the common wealth parliamentary system.

Hon. members, its paramount that the standing orders 124 is well understood and noted, that no

amendment shall be moved to any part of a Bill by any member other than the member of the

committee in charge of the Bill and unless there is a written notification of amendments which

shall have been given to the clerk 24 hours before commencing of the sitting.Where an

amendment has been moved to any part of a Bill, any member may move an amendment to that

amendment on delivering to the Chairman the terms of his or her amendment in writing.A member

moving an amendment to or a further amendment to an amendment to any part of the Bill, shall

explain the meaning, the purpose and the effect of the amendment of further amendment. Hon.

Members, something to note also is that no amendment will be moved if the amendment is with a

different subject or proposes to reasonably or unduly expand the Bill or is not appropriate or is not

in logical sequence to the subject matter of the Bill. No amendment shall be moved which is

inconsistent within the part of the Bill already agreed to or any decision already made, the

committee and the Chairman may at any time during the debate of a proposed amendment

withdraw it with a consideration from the committee if in the opinion of the Chairman, the debate

has shown that the amendment is in contravention of the above. Reports on Bills from a sectoral

committee should be dispensed in the same manner.


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Hon. Members, this communication is not exhaustive but only for clarification purposes and

further communication to that end, taking to consideration that our main and core mandate is

legislation, shall be coming from time to time. I urge you to address yourselves in standing orders

and have a clear understanding of the same.

Hon. Members, in conclusion I would like to echo on the words of a great philosopher Confucius

“The expectations of life depend upon the diligence. The mechanic that wishes to perfect his work

must first sharpen tools.” I will treat this house and ensure adherence of the rules and procedure

and uphold the diligence. Strive on with diligence despite the hurdles this house has faced like any

other newly created legislative assemblies. Let’s strive on with diligence and ensure prosperity,

thank you. I think the copies of the communication will be supplied to the members.

Next order

Clerk: Messages

Speaker: Next order

Clerk: Petitions

Speaker: Next order.

Clerk: Papers.

Speaker: Next order.

Clerk: Notices of motion.

Speaker: Yes County member from Githioro.

Hon. Dorcas: Thank you Mr. Speaker sir, I beg to give notice of the following motion; that

aware of many victims of HIV and AIDs either infected or affected within Nyandarua County,

and the need for care, love and protection that these people require, further aware of the revolving


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fund previously operational under the defunct local government system which supported the

victims of HIV and AIDs menace, concerned that some of the orphans had to drop out of school

due to lack of means to feed themselves, further concerned of the expectations harbored by these

group of people that the County Government will alleviate their attributions, I urge that this Hon.

house now do resolve to have the County Executive Arm, through the relevant ministry to ensure

that a fund operational at ward level is set up to cater for these marginalized group to guarantee

their positive living. Further that the ministry of health do secure through clear legal and policy

frame work accompanied by aggressive publicity and civic education. Thank you Mr. Speaker, I

beg to give notice.

Speaker: County Member from Githioro, when will you be ready to move the motion?

Hon. Dorcas: Mr. Speaker Sir, I would wish to move the motion on Thursday next week

however, I am a member of the legal committee and we are going out for public participation.

Thank you

Speaker: Thank you, so members we can have the motion on Thursday next week which is on

26th June 2014 at a time to be allocated by the house business committee. Next ordrer.

Clerk: Statements

Speaker: Next

Clerk: Committee of the whole house

(The speaker leaves the chambers and the deputy Chairman takes the Chairman for the

committee of the whole house)


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Chairman: Hon. Members, now we are in the committee of the whole house and we have a Bill

of the Nyandarua County Alcoholic Control Bill and we shall go through it clause by clause,

starting by the third clause. Yes clerk.

Clerk: Object and purpose the act; the object and purpose of the act is to provide single business

permit of Alcoholic Drinks by the County government so as to control sale distribution

promotion and use of Alcoholic Drinks and promotion of research treatment and rehabilitation

for the person dependent on Alcoholic Drinks in order to :

a. Protect the health of the individual on excessive consumption of Alcoholic drink

b. Protect persons under the age of 18 years from negative impacts on health social economic

development due to exposure to advertisement of Alcoholic Drinks

c. Protect the consumers from misleading and deceitful inducement and inform them on the risks

of excessive consumption of Alcoholic Drinks

d. Protect the health of persons under the age of 18 years by preventing their access to Alcoholic

Drinks

e. Inform and educate the residents on the harmful and economic health and social consequences of

excessive consumption of Alcoholic Drinks

f. Adopt and implement effective measures to eliminate illicit Drinks in Alcoholic Drinks in

smuggling illicit manufacturing and counterfeit

g. Ensure fair and ethical business practices related to production distribution and promotion of

Alcoholic Drinks

h. Reduce the health and social impacts on communities that result in production sale and

consumption of Alcoholic Drinks


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Chairman: Hon. Members, we are passing the clause without any amendment.

(Question proposed)

(Question put and agreed upon)

Clerk: Administration: part two administration section4 (1), there is an establishment of County

Drinks Alcoholic Control Board which shall be under the direction and control in the County

department of culture and social service section (4) 2 the function of the board shall be to

a. Supervise and coordinate the functions of the sub County Alcoholic control committee including

licensing

b. Support and facilitate the sub counties committees to carry out their functions

c. Carry out public education on Alcoholic Drinks control in the County in collaboration with private

bodies and institutions.

d. Facilitate citizen participation in matters related to Alcoholic Drinks control in accordance to

frame work of public participation establish under the County government act the urban areas and

cities act.

e. Facilitate and promote in collaboration with other counties and national government institutions

the establishment treatment of rehabilitation facilities programs

f. Carry out research directly or in coordination with other institutions and serve as depository of

data and statistic related to Alcoholic control.

g. Develop, in collaboration with other counties and the National Government departments,

strategies and plans for implementing this act and control of alcohol abuse and other relevance to

national.


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h. Advice the executive committee members responsible for culture and social services general on

exercise of his power and performance of his function under this act and in particular on County

policy and laws to adopted in regard to the production manufacture sale and function of Alcoholic

Drinks.

i. In collaboration with other relevant County departments and institutions.

Chairman: Hon. Members, there is amendment to the clause so let’s first of all go to clause four

one clause four two a,b,c,d,e,f,g and h because I have an amendment so up to h.

(Question proposed)


Clerk: Clause 4 (2) (i) In collaboration with other relevant County departments, prepare and

submit an Alcoholic Drinks status report bi-annually in the prescribed manner which shall be

transmitted to the County executive committee member responsible for culture and social services

and the County Assembly .

(Question proposed)

Chairman: Hon. Ngotho

Hon. Ngotho: Chairman I wish to move an amendment under section 4.2 (i) that we delete the

word “annually” between the word reports and in its place insert the word “quarterly”

Chairman: Thank you Hon. Ngotho. Is there any further amendments? Yes Hon. Muchiri

Hon. Muchiri: Thank you Chairman, I second that clause 4.2 (i) be amended by deleting the word

“annually” between the word reports and in its place insert the word “quarterly”

Chairman: Thank you Hon. Muchiri.

(Question on amendment proposed)


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(Question on amendment put and agreed upon)

(Question on inclusion of clause as amended proposed)

(Question on inclusion of clause as amended put and agreed upon)

Chairman: This is the area of legislation that is the most boring, so I wish to request that you

cooperate so that we move fast because if you don’t co-operate members, we will have a lot of

problems and I think we will take a lot of time may be even tomorrow. Let’s proceed .

Clerk: Clause 4(2)

j. Recommend to the respective executive committee member and participate in the formulation of

laws and regulations related to Alcoholic Drinks

k. Monitoring and evaluating; the implementation of this act including the operations of the sub-

County committees and advising the executive member responsible for culture and social services

on the necessary measures to be adopted

l. Carry out such other roles necessary for the implementation of the objectives and purpose of this

act and perform such other functions as may from time to time be assigned by the executive

committee member responsible for culture and social services

m. Reviewing on appeal decisions made by sub County committees.

(Question proposed)


Clerk: Clause 4 (3) the board shall consist of nine members competitively appointed by the

County executive committee member responsible for culture and social services consisting of the

youth who is a stakeholder in alcohol business, marginalized persons minding gender balance.


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There shall be an advocate of the high court of Kenya and a qualified physical planner or surveyor

each with at least three years post qualification experience, appointed by the County executive

committee member for legal and public services

(Question proposed)

Chairman: Any amendment, yes Hon. Ngotho

Hon. Ngotho: Mr. Chairman, I wish to move a global amendment on section 4 clause 3 in the

third line between the word services and consisting there be a word ‘drawn from each sub County’

that’s the first amendment.

In the last line after the word public services, we insert the “with the approval of the County

Assembly” and I call upon the leader of the majority to second.

Chairman: Yes Hon .Gichuki

Hon. Gichuki: Thank you Mr. Chairman I would like to support the amendment of the inclusion

of the word drawn from each sub county appearing between services and the insertion appearing at

the end of paragraph “with the approval of the County Assembly”.

Chairman: Thank you Hon. Gichuki,





Chairman: Clause 4(3) is part of this Bill as amended next

Clerk: Clause 4 (4) the board shall beheaded by a Chairman who shall be elected by the other

members during the first meeting and a secretary also elected by members


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Chairman: Yes, any amendment Hon. Ngotho

Hon. Ngotho: Thank you Chairman I wish to move an amendment for section 4 by inserting the

word who shall be the chief executive officer of the board in between the first meeting and a

secretary. This is informed by the fact that there shall be a fund that shall be under the alcohol and

liquor licensing. I call upon leader of majority to second.

Hon. Gichuki: I would like to second the amendment as provided by the Chairman and I second.



Chairman: Now clause 4 and its subsections is part if this Bill next

Clerk: Clause 4 (5)The Chairman and the secretary shall have a minimum of bachelor’s degree

from a recognized university while the other members shall have a minimum of post-secondary

education from institutions accredited by the ministry of education

(Question proposed)


Chairman: Now clause 4 subsection 5 is part of the Bill next

Clerk: Clause 4 (6), The board shall sit twice a month to deliberate on issues

(Question on the clause proposed)

Hon. Ngotho: Thank you Chairman, I would like to move an amendment on section 4 clause 6 by

inserting the words “and any other time with the approval of County executive committee member

if possible.” this was decided because the board is sitting twice a month. There can be an issue of

County importance and the CEC can summon them to discuss such issues. I call upon Hon. Joyce

who represents people with disabilities to second.


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Hon. Joyce: I second that section 4 clause 6 be amended by inserting the words “any other time

with the approval of County executive committee member if possible”.

Clerk: Clause 4.7 the respective committee executive member shall ensure that the board has

adequate human, financial and any other appropriate resources to enable it carry out the functions

assigned to it under this act.

(Question proposed)


Hon. Ngotho: Chairman, I would wish to introduce a new clause

Clerk: Clause 5(1) that the board shall –

a) In collaboration with other relevant County and national government agencies establish treatment

and rehabilitation facilities and programs for persons dependent on Alcoholic Drinks in each sub

County headquarters

b) Ensure that the treatment and rehabilitation facilities have the necessary human resources for

effective operation and service delivery

c) Ensure that the treatment and rehabilitation services are designed in a manner that accessible and

affordable to persons dependent on Alcoholic Drinks

(Question proposed)


Clerk: Clause 6 (1) any monies or funds collected by the board shall be deposited in the County

revenue fund and shall include;

a) Such license and other fees payable under this act.

b) Such sum as may be realized from property forfeited to the County government under this act.


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c) Sums received including contributions gifts or grants from or by way of testamentary request by

any person.

d) All other sums which may in any manner become payable to or vested in the board.

(Question proposed)

Hon. Ngotho: Thank you Mr. Chairman, I wish to make an amendment or move an amendment to

the Bill by deleting of the clause six and inserting the following;

1. Pursuant to article 207 of the constitution, that there is establishment of County Government

Account Alcoholic Drinks Control Funds

2. The County fund shall consist of

a) Such license fees as may be payable to County government under this act

b) Such sum as may be realized from property forfeited to the County government under this act

c) Sums received including contributions gifts or grants from or by way of testamentary request by

any person

d) All other sums which may in any manner become payable to or vested in the County fund

3. Where in terms sub section 2 b, any immovable property forfeited, the County executive

committee member for finance shall bring the property in such manner as may think fit and may

sell the property and deposit the money in the County fund

4. The monies payable to the County fund shall not form part of the revenue fund for the County

government.

5. The County fund shall be used to meeting the capital and current expenditure relating to

a) Operation of the County Alcoholic Drinks control board sub County committee and enforcement

b) Research documentation and dissemination information on Alcoholic Drinks in the County


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c) Promoting County cessation

d) on rehabilitation program alcoholism as disease

e) Any other matter incidental to these matters stated in paragraphs a,b,&c

6. The County fund shall be administered by the executive Chairman to the Alcoholic control board

a) Supervise and control the administration Of County fund

b) Impose conditions on use any expenditure personally authorized and may impose any reasonable

restriction or other requirement concerning use on expenditure

c) Call to be kept proper books of account and other books and records in relation to County fund as

well as to the various activities that are taking in the County fund

d) Prepare sign and transmit to the auditor general in respect of which financial year within three

month after the end there of accompanied by financial statement in accordance with public audit

act 203 and such details the treasury may from time to time direct.

e) Furnish from such additional information as may be required for examination and amended by the

auditor general or under any role.

f) Engage such staff as it may be necessary to assist in management of the County fund

Mr. Chairmanthis is from the amendments which are in the senate which are being moved in the

Mututho law; the reason why we want the fund for alcohol managed or planned differently from

other County revenue fund is because in previous years when money was collected from bars and

fines most of the money it not ploughed back especially in rehabilitation and if you read 5 (c)

promoting County sensitization and rehabilitation programs that shall recognize alcoholism as

disease. Rehabilitation does not mean just building rehab centers but also stadium maintaining of


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stadium and even building new ones. The money shall be used to frequently do advertisement to

tell our people that alcohol us bad.

The theme for this world cup is moved by NACADA. Such money in the County shall be used

directly but we said the C.E.C in charge of legal will come up with the regulations on how much

should go towards developments of the County. I call upon the leader of majority to second

Hon. Gichuki: Thank you Mr. Chairman I wish to support and second the amendment by

deletion of the whole of section 6 and in its place insert the words below.

Question on amendment proposed)


(Question on inclusion of clause with amendment proposed)

(Question on inclusion of clause with amendment put and agreed upon)

Clerk: Part III licensing

Clause 7(1) no person shall –

a) Manufacture or otherwise produce ;

b) Sell, distribute or dispose of or deal with any Alcoholic drink in the County except under and in

accordance with a license issued under this act.

(Question proposed)

Hon. Ngotho: Mr. Chairman I wish to move an amendment by inserting under 1(a) the

manufacture or the distillation of all spirituous liquor prior to this act referred to as chang’aa and

all traditional liquor shall conform to the prescribed standards or the requirements of this act. This

is informed if you read the clause, it says, no person shall, so we are throwing away the

manufacture, distillation of spirit liquor which is famously known as chang’aa. However, they


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shall conform to the prescribed standards or the requirements of this act. I call upon Hon. Muchiri

to second

Hon. Muchiri: Thank you Chairman I second the amendment on clause 7 (1) (a) as proposed





Clerk Clause 7(2) any person who contravenes the provision of subsection (1) commits an offence

(Question proposed)


Clerk: Clause 7(3) any person guilty of an offence under subsection (2) is liable upon conviction

to a fine of not less than ksh 500,000 and a jail term not exceeding 5 years or both

(Question proposed)


Clerk clause 8(1) there shall be for every sub-County a committee to be known as the sub-County

Alcoholic Drinks regulation committee which shall-

a) Issue licenses in accordance with this act and

b) Perform such other functions as may from time to time be assigned to it by the governor

Clause 8(2) the sun County 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 inspection.

Clause 8(3) in carrying out its functions the sub-County committee shall


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a) Ensure that there is effective public participation in accordance with the framework for citizen

participation established under the County government act this act the urban areas and cities act or

any other relevant written law.

b) Collaborate with ward administrators and village administrators and council appointed under the

County government act 2012 and the officers in charge of coordination of national government

functions in the ward and villages.

c) Collaborate with similar committees in other counties for effective implementation of the act.

Clause 8(4) the sub County committee shall consist of –

a) Sub County administrator appointed under the County governments act who shall be the Chairman

b) The sub County public health officer.

c) One officer designated by the executive member for culture & social services who shall be the

secretary.

d) The officer designated by the executive member legal and public service responsible for

coordination of the County government functions in the sub County.

e) The officer for the time being responsible for physical planning in the sub County.

f) Two (2) residents of the sub County appointed by the executive member for culture and social

services one of whom must be a youth.

Clause 8(5) a person shall not be a member of the sub County committee if such person is –

a) A holder of a licence in the County under this act.

b) A partner in a firm or director or shareholder of a company or other body which is the holder of a

license in that County under this act.


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c) Directly or indirectly employed as an agent of a person, firm or company which is the holder of

license in the County under this act.

d) Undischarged bankrupt.

e) A person who has been convicted of an offence under this act or of a felony

Clause 8(6) the conduct of business and affairs of the sub County

Committee shall be in such manner as may be prescribed.

(Question proposed)


Clerk: Clause 9 (1) a person intending to produce, manufacture distribute any Alcoholic drink in

the County or to operate an establishment for the sale of an Alcoholic drink shall make an

application in an prescribed form to the sub County committee in the sub County where the

premises is to be situated and shall pay a prescribed fee

Clause 9 (2) the application under subsection (1) shall contain -

a) A comprehensive information on the nature, orientation and other justification for the

establishment of the manufacturing plant or the establishment for sale

b) An indication as to whether the manufacturing or sale of the Alcoholic drink is licensed in another

County and if so the evidence of such licensing.

c) For a manufacturer s license certification from Kenya bureau of standards.

d) Such other matter as prescribed.

clause 9 (3) the sub County committee shall within 14 days after the submission of application for

a license prepare a notice setting forth the names of all applicants the types of the licenses applied


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for the premise in respect of which the licenses are applied for and the time, date and place of the

meeting and shall forthwith cause a copy of the notice to be.

a) Published at the office the sub County administrator for a period of not less than twenty –one

consecutive days.

b) Posted in some conspicuous at or near the applicant s premises.

(Question proposed)


Clerk: Clause 9(4)

a) Any person may lodge objection to an application.

b) Every objection to an application shall be made in writing to the secretary to the sub County

committee and the objector shall serve notice of the grounds of the objection on the applicant

personally or by post at least 7 days before the hearing of the application and the onus of proof of

such service shall be on the objector.

c) A sub County committee may on its own volition of any matter or a thing which in the opinion of

the committee constitutes an objection to an application whether or not any objection has been

otherwise lodged.

d) Where in respect of an application, a sub County committee acts in pursuance of an objection in

this section of the committee shall inform the applicant and make requests to adjourn the hearing

for such period not being less than 7 days as the sub County committee considers necessary to

enable the applicant to reply.


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e) Every person making an application shall save as otherwise provided appear in person or by an

advocate before the sub-County committee and that there is need for the grant of a license of the

type applied for in a particular locality in respect of which the application is made.

f) A sub County 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.

g) Any objector may appear personally or by an advocate at the hearing of the application.

h) A sub County committee may authorize in writing any person to appear before any sub County

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.

i) Every sub County 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.


(Question on the clause put and agreed upon.)

Clerk:

a) The available premises are suitable with regard to the nature of license being sought

b) The premises conform to the prescribed requirements of the occupational health and safety

regulations

c) The applicant possesses the infrastructure and equipment necessary to carry out the business

applied for


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d) The applicant for a license to brew ,distill bottle or manufacture an Alcoholic drink possesses

necessary requirements stipulated under the standard act or any other relevant written law and

e) The premises has sufficient number of competent staff in line with such norms as may be

prescribed

(Question proposed)


Clerk: Clause 11(1) the sub-County committee shall after considering the application under the

sub section 10 indicated in writing whether it objections to the grant of the license applied for

Clause 11(2) where the sub County committee has no objection to the application under section 10

it shall grant a license to the applicant upon payment of the prescribed fee.

Clause 11(3) the license issued shall be in such form as may be prescribed in this act and subject

to such conditions as the sub County committee may consider fit.

Clause 11(4) where the sub County committee is not satisfied with the application under sub

section (1) it may.

a) Reject the application giving reasons and notify the applicant accordingly within 7 days of the

decision to reject or;

b) Make comments and recommendations thereon and return it to the applicant within 7 days

Clause 11(5) the applicant to whom the application is returned under sub section (4) (b) may re

submit a revised application within 14 days of the date of notification.


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Clause 11(6) on receipt of any revised application under sub section (5) the sub County

committee shall within 14 days determine the application in accordance with this act and upon

such determination if satisfied issue a license.

Clause 11(7) where the sub County committee grants a license under this section it shall publish

the names of successful applicants and display them at the respective ward and sub County offices

(Question proposed)


Clerk: Clause 12(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 manufacture or sale of

Alcoholic Drinks for consumption on such premises, any person having an interest in premises

may apply in the prescribed form to the board for an assurance that on the completion of the

construction or reconstruction a license of the type to be specified in the application will be

granted in respect of such premises.

Clause 12(2) the board may subject to such reasonable conditions provided in this act including

and not limited to submission of approved plans of such premises a certificate of clearance from

the National Environmental Management Authority (NEMA) and other relevant licenses in the

prescribed form that on the completion of the premises a license of the specified therein will be

granted or it may refuse to give such an assurance.

(Question proposed)


Clerk: Clause 13(b) in an outlet of plenary located within a petrol station on a fast food restaurant


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Hon. Ngotho: Mr. Chairman, I wish to move an amendment on 13 2(b) by deleting the word fuel

station to read within a fast food restaurant. Mr. Chairman Fuel stations countrywide are allowed

to have a place where they can sell Alcoholic Drinks but for the fast food restaurant that we

completely ban alcohol in fast food restaurants. I call upon the majority leader to come and

second.

Hon. Gichuki: Thank you Mr. Chairman, I would like to second the amendment as proposed

because when you take your vehicle to the petrol station, it does not mean it is only the driver who

is in the vehicle. Other people in the vehicle may decide to take one for the road. The driver is the

only one who is prohibited. I don’t see the sense in denying other members who may want to

enjoy before they leave to the next petrol station and therefore I would like to second.




(Question on inclusion of clause with amendment put and agreed upon

Clerk: Clause 13(3), despite section (1) and sub section 1, the committee may issue a license to a

premise this located within 300mtrs of any nursery, primary, secondary or any other learning

institutions for persons under the age of 18years only if:

(a) The premises do not share a war with the institution and are sued off by physical and non-

transparent barriers that ensure zero visibility of the premise and the locality of the institution.

(b) The premise displays on its outside any of the described health messages in a clear and principal

manners

(c) Premises do not bear an outdoor Alcoholic symbols or advertisements.


26


(d) The applicant does not engage in activities that interfere with the learning institutions or other

activities that are calculated to attract persons under the age of18 to the premise.

(Question proposed)

Hon. Ngotho: Thank you Chairman, I would wish to move an amendment to section 13(3) for the

purpose of deleting the entire of that section. This is informed by very knowledge that if you are to

read this clause well, you realize that it negates the reason for which section 13,c,was put in place.

We are saying that we want to give everybody an opportunity to sell alcohol to an area that is

within the range of 300meters just because he has put a wall, where we actually nursery school

children. We are saying that we want to allow somebody to sell beer close to a primary school just

because that person has said in the process of selling beer he is not going to do things that will

make learning to become difficult. Mr. Chairman, l a going to negate the very need that made the

person who made the Bill to see the essence of 13(c) .with that reason I would urge the members

to agree that we delete the entire of this clause so that we can give our children the benefit of not

seeing the bad things that emanates from the pub, from the clubs that we do not want our children

to engage in. I beg to move Chairman.

Hon. Nancy: Thank you Chairman, I rise to second that amendment because I also feel that a

perimeter wall is not enough because it is not going to protect our children. When learning, they

will just be getting the sounds and the noise from drinking places and they will be listening.

Therefore, we are not going to be teaching our children any morals but spoiling them. It is also a

health hazard because you know what happens when those drunkards they drink, they just go

urinating on the walls, these walls are permeable and the urine penetrates could right to the


27


children. So the perimeter wall is not enough, the proposed 300 meters is quit adequate. Thank

you Mr. Chairman

Chairman: Thank you very much.





Clerk: Section 14 persons not eligible for a license the County office shall not grant a new license

or transfer a license to any person who is:

(a)Under 18 year’s age

(b) Child bankrupt

(c) A person convicted of an offence under this act or felonry.

Sub section 2 the council may refuse to renew an existing license only when sub-County

committee council is satisfied that;

a) The business to which the license relates is conducted in a manner that is line with this act or other

rules and regulations for the time being effect under this act or;

b) The conditions of license have more to be satisfactory in the field.

c) The premise in which the license relates are not in a proper state of repair or are not provided with

proper state of repair or provided with proper sanitary arrangements or not complied with the

reasonable requirements of the sub County health officer and the owner of the premises or the

license refuses or is unable satisfactory to guarantee that the necessary repairs will be carried out


28


on due complies affected as on the case may be within time provided by the sub County

committee.

d) If the applicant is a known criminal or perpetual law breaker.

Question proposed)


Clerk: Clause, except as otherwise provided in this act, the Sub- County committee may subject

to this renewal transfer or remove a license and the body there is that the conditions may defer

appropriate or may refuse to grantee renew transfer withdraw or license.

(2)Every license and every renewal transfer withdrawal or cancellation there of shall be indicated

by the sub County committee.

(3)Every grant of a license or every renewal or transfer shall:

a) Be subject to the payment of such fees as may be prescribed.

b) Expire on 31stday of December each year.

c) Specify in the license the hours to stipulated under the schedule and as the national legislation

will provide within which the sale of alcohol is permitted and any other relevant condition.

(4)When application for the renewal of license has been made and the sub County committee has

not by the date of expiration of license reached a decision thereon such license shall continue in

force until the decision of the sub County committee is made known.

(5)Where application for license has been refused or the license has been cancelled no

subsequence application by the former applicant or licensee for a license of the same description


29


shall be considered by the sub County committee during the period of thirty (30) days from the

date of refusal or cancellation except by the discretion of the Sub-County Committee.





Clerk: Clause(16) (1) an applicant whose application for a new license, to renew or transfer a

license has been refused or cancelled may within the 14 days of such refusal request in writing the

review of such refusal to the board.

(2) Upon receipt of a request under this section, the board shall notify sub County committee of

pending review.

(3)The board shall within 14 days consider and make a final determination for the request of

review.

(4) The board may;

a) Dismiss the request for review if in its opinion the opinion is frivolous or vexatious.

b) Uphold the decision of the sub County committee.

c) Annul the decision of sub County committee.

d) Give direction to sub County committee with respect to any action to be taken.

e) Make any other declaration as it may deem fit.

(5) The decision the board shall not be subject to any further review within this act.

(Question proposed)


30



Clerk: section 17 Right of Review

(1) The right or request of review under Section 16 does not prohibit a person from seeking any other

illegal remedy as a person may have under other national laws

Question proposed)


Clerk: Clause 18 licenses to body corporate.

(1)License issued to a body corporate shall be issued in the name of the body corporate provided

that sub County committee may require prior discloser of the directorship of the body corporate or

refuse to grant a license to the body corporate if any of the directors does not qualify to be granted

the license individually.

Question proposed)


Clerk: Clause19, types of licenses

(1)The several licenses that may be granted under this act shall be those specified in the second

schedule and provision of this schedule and of any rules made under respective licenses therein

specified.

(2) Save as otherwise provided in this act, no license may be granted so as to be applicable to more

premises than one.

(3) The sub County committee shall, when a license is granted, renewed, withdrawn or cancelled

in the license have a sufficient description of the licensed premises.


31


(Question proposed)


Clerk: Clause 20:Transfer of license.

Clause 21 where a licensee sells or leases or otherwise disposes of the premises or business

specified his license, he may apply in writing to the Sub County Committee for the transfer of his

license to the purchase or lessee or otherwise of such premises the sub-County committee may if it

thinks fit, grant a transfer of such license.

(2) No further fee shall be payable in respect of a license granted under sub-section 1 if; at the date

of grant, the license which was temporarily transferred was varied for a period of more than 6

months.

(3)In the event of death, bankruptcy or unsoundness of mind of a licensee, or any similar event to

which the sub County committee declares in writing that this section should be applied, it shall be

lawful, for the purposes of this Act of executor, administrator, trustee, or manager as the case may

be or any other person approved by the sub County committee to carry on the business of the

licensee without any transfer of grant of a license either personally or by agent approved by the

sub County committee.

(4) Every person to whom a license may have been transferred under sub section (1) and every

person permitted to carry on a business without a transfer or grant of license in pursuance of sub

section (3) shall possess all the rights and be liable to all the duties and obligations of the original

licensee.

(Question proposed)



32


Hon.Muchiri: Thank you, I want to seek the Chairman’s clarification because in clause 17, there

is sub section 1 and clause 18 has sub section 1 why were those sub sections inserted and there

were no subsequent subsections?

Chairman: Yes Hon. Muchiri, I think it’s not supposed to be there. I think Hon. Members we

need more clarification. So let’s seek clarification from legal professionals before we make a

ruling. Thank you, Hon. Muchiri.

Clause 21: Removal of license.

(1) If the renewal of license is refused, when the licensee shall in payment of proportionate part of

the fee license for appropriate license, be entitled to license for such description and forsuch

period, not exceeding 3 months as by the sub County committee may consider necessary purposes

purpose of disposing of the Alcoholic drink or apparatus on the premises, such period to

commencement on the day after the last sitting of sub-County committee at which the renewal of

his license has been refused, or on the day after the termination of his existing license whichever

day is latter.

(Question proposed)


Clerk: Clause 22: license to be displayed.

Sub section 1: every license shall be prominently and conspicuously be displayed in premises to

which in it relates and any licensee who fails or neglects so to display his license commits an

offence


33


Sub section 2: any person causing or purporting to be on his premises or his premises is under

control of any words, letters or signs falsely purporting that he is a licensee commits an offence

Hon.: Kamoche: according to the licenses mentioned, I have a concern on clause 6.

Chairman: We are in section 22 so we are going to revisit it later.


(Question on the clause put and agreed upon)

Hon. Ngotho: I wish to move an amendment to section 22 sub section 2 which is reading, any

person causing or permitting on his premises or his premises any words, letters or sign falsely

purporting that he is s licensee commits an offence to add letter h after the word under and his

and also after the word falsely reporting to read the word “purporting” and after the word is put

‘a’ licensee so it should reads ‘ that any person causing or permitted to be on his premises under

his control any words letters or signs falsely purporting that he is a licensee committees an

offence.” I must say this ignoring some of them like in the previous section 19 if you read that

word second line those have left an ‘s’ specifically so we are ignoring some of them but have

been corrected at the committee level. So they will be in their final draft the act will be portrayed,

so l doesn’t think there will look for a secondment Mr. Chairman.





Section 23: Employment for sell of Alcoholic drink.


34


(1) Notwithstanding the provisions of any other written law, no licensee shall employ a person

under the age of eighteen to sell, control or supervise the sale of Alcoholic Drinks or to have the

custody of control of Alcoholic Drinks on licensed premises.

(2) where a licensee permits another person to manage superintend or conduct the day by day

business of the premises in respect of which he is licensed, the license shall not be relieved off his

duty and obligations under this Act.

(3) Any person who contravenes the provisions of this section commits an offence.

(Question proposed)


Clerk: Section 24 drunkard behavior

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 license 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.

2) Any person referred to in sub-section (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

3) On the demand of licensee or his agent or employee, a police officer shall expel or assist in

expelling from the licensed premises the person referred to in sub section

4) A licensee who permits any drunkenness leading to violent, quarrelsome or riotous conduct to

take place on the premises to which the license relates commits an offence

(Question proposed)



35


Clerk: Section25: Debt for sale of Alcoholic Drinks

(25) No suit shall be maintainable to recover any debt alleged to be in respect of the sale of any

Alcoholic drink which was delivered for consumption on the premises where 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 sale a lodger on such premises.

(Question proposed)


26 (1) No person holding a license to manufacture, store or sell 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, sorted, sold or consumed.

26 (2) a person shall not enter or gain access to an area referred to under sub section (1)if such a

person is in custody or accompanied by a person under the age of eighteen years.

26 (3) any person who contravenes the provisions of subsection (1) and (2) commits an offence

(Question proposed)


Clerk: 27 Reports by the Public.

(1) A Sub-County public health officer within whose jurisdiction the premises fall shall report to the

sub-County committee any licensed premised which are deficient in their state of sanitary or

drainage conditions or which are in bad repair.

(2) A sub County public health officer 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.


36


(3) A County enforcement officer shall report in writing to the Chairman of appropriate sub County

committee every case in which a licensee is of drunk habits or keeps a disorderly house, or

commits any breach of any of the provisions of this act or of his license.

(4) A County enforcement officer may without written authority enter and inspect any licensed

premises for the purpose of ascertaining whether a report under subsection (1) is required.

(Question proposed)


Clause 28 Cancellation of License.

(1) Upon receipt of a report made herein, the sub County committee shall;

a) Send, by the 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 sub County committee to be

held on a date to be specified but not more than thirty days there from the report will be

considered by the sub County committee.

b) Send a copy of the report to every member of the sub County committee and to the County chief

enforcement officer.

c) Inform the sub County public health officer or the County enforcement officer as the case may be

of the date upon which the sub County committee will consider the report, and required him to

attend on the date specified.

2) Any license concerning who a report is to be considered may appear in person or by advocate

before the sub County committee.

(3)The sub-County committee having duly considered the report having heard the licensee if he

appears, may if he thinks fit cancel the license of the licensee reported upon, or it may make such


37


an order in respect of such an order license of the licensed premises specified therein as in the

opinion of the sub County committee.

(4) Any person aggrieved by the decision of the sub County committee upon any such report may

within twenty one days appeal against the decision of the board.

(5) The board on an appeal or review under this section may confirm or reverse the decision of the

sub-County committee.

(6) If a license is cancelled or if an appeal under subsection (5), the appeal is dismissed by the

board, the license shall be entitled, on payment of the proportionate part of the fee for the

appropriate license, to a license of such description and for such period not exceeding three

months, as the sub County committee may deem necessary for the purpose of disposing of the

Alcoholic drink or apparatus on the premises, such license to run from the date of the decision of

the sub County committee or the board as the case may be.

Clerk: Clause 29 Conformity with requirements

1) No person shall manufacture, or distribute or sell an Alcoholic drink in the County that does not

conform to the requirements of this Act or any other written laws regulating Alcoholic Drinks.

2) A person who contravenes the provisions of this section in relation to manufacture, distribution

and importation of an Alcoholic drink commits an offence and shall be liable to a fine not

exceeding five million shillings, or to imprisonment for a term not exceeding five years or to both.

3) A person who contravenes the provisions of this section in relation to sale of Alcoholic drink

commits an offence and shall be liable to a fine not exceeding five hundred thousand or to

imprisonment for a term not exceeding one year or to both.

(Question proposed)


38



Clerk: Clause 30 supply to the young

1) No person shall sell, supply or provide knowingly an Alcoholic drink to a person under the age of

eighteen years.

2) Subject to the subsection (3) a person who contravenes the provision of sub section (1)commits an

offence and shall be liable to a fine not exceeding one hundred and fifty thousand shillings or to

imprisonment for term not exceeding one year or to both.

3) Notwithstanding the provision of subsection (1) it, shall be an offence under this section if it is

established that the accused person attempted to verify that the young person was not at least

eighteen years of age by asking for and being shown any of the documents specified in sub-section

(4) for the purpose of verifying the age of the young person and believe on reasonable grounds

that the documentation was authentic.

4) For the purpose of this section, the following documentation may be used to verify a person’s age

a) A national identity card issued by the Republic of Kenya,

b) A passport issued by the Republic of Kenya or any other country,

c) A birth certificate.

(Question proposed)


Clerk: Clause 31 display of signs

1) Every retailer shall post, in the prescribed place and manner, signs in the prescribed form and with

the prescribed content that shall 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.


39


2) Every sigh required to be posted under sub section (1) Shall-

a) Be displayed on the surface measuring not less than 12 inches by 8 inches in the size

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 white background or white on a black

background and shall be enclosed by a rectangular border that is the same color as the letters of the

statements.

c) Be in English or Kiswahili

3) A retailer who contravenes any of the provision of this section commits an offence and shall be

liable to a fine not exceeding fifty thousand shillings or to imprisonment for term not exceeding

six months or to both

(Question proposed)


Clerk: Clause: 32 Vending Machines

1) No person shall sell or permit an Alcoholic drink to be sold by way of an automatic vending

machine.

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 term not exceeding twelve

months or to both.

(Question proposed)


Clerk: Clause 33 Selling in Sachets


40


1) No person shall sell, manufacture pack or distribute an Alcoholic drink in sachets or such other

forms as may be prescribed under this Act or any other relevant written law

2) Notwithstanding the provision of subsection(1)

a) No person shall manufacture pack distribute or sell in the County an Alcoholic drink in container

of less than 500 milliliters.

Chairman: Clerk before you proceed with subsection 2(b) is there any amendment to this? Go to

subsection 2 (a) Yes Hon. Ngotho.

Hon. Ngotho: Thank you Chairman for also drawing my attention the clerk seems not to have

captured I that amendment so wish to move an amendment under 2(a)which is reading 500

milliliters we delete 500 and insert 250 and I call upon Hon. Kirumba to second

Hon. Kirumba: Thank you Chairman, I second that amendment on clause 33 sub section 2(a) to

amend 500 to 250.





Clerk:

(b) Any other distilled or fortified Alcoholic Drinks shall only be manufactured packed sold or

distributed in glass bottles of the kind specified in paragraph (a)or as may be prescribed in the

national legislation related to control of alcohol Drinks


41


Chairman: Hon. Members before the clerk proceeds, it seems there are global amendment to this

sub section so before we proceed, and I wish to propose that we have global amendments in this

clause 33 so that we can proceed.

(3)a person who contravenes this section commits an offence and is liable to a fine not exceeding

five hundred thousand shillings or to an imprisonment for a term not exceeding twenty four

months or to both.

(Question proposed)


Chairman: Members once again it seems that clause 34 has an amendment and it is my opinion

that we first move the motion of the amendment before we proceed so that when the clerk reads,

the mover of the motion will move the global amendments if it is agreeable Hon. Members.

(Question on global amendments proposed)

(Question on global amendments put and agreed upon.)

Clerk: Clause 34, sale to intoxicated person

1) Any person found by a County enforcement officer to be drunk and incapable or drunk and

disorderly in or near a street, road, licensed premises, shop, hotel or any other public place may be

arrested without warrant and brought without any unreasonable delay before a magistrate.

2) Any person convicted of being drunk and incapable and disorderly in or near a place referred to in

sub section (1)shall be liable to a fine not exceeding five thousands shillings or to imprisonment

for a term not exceeding g three months or both


42


3) Upon conviction under sub-section (2) the convicting magistrate may issue an order for

community service to any person convicted of the offence under this section for more than one

time in accordance with provisions of the community service orders act 1998

4) Despite sub section (3)any person convicted under sub section (2)on more than three occasions

in any period of twelve months shall

a) Be ordered by the convicting magistrate to undergo at his own coast such rehabilitation program

as may be appropriate in a public health institutions

b) Be forthwith reported by the convicting magistrate to the sub County 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 drink to or for delivery to that

person

c) Commits an offence and it shall furthermore be an fence for that person to be in possession of any

Alcoholic drink

5) Any licensee who sells an Alcoholic drink to a person already in state of intoxication or by any

means encourages or incites him to consume an Alcoholic drink commits an offence

(Question on the clause proposed.)

Hon. Ngotho: Mr. Chairman, I wish to make the amendment under section 34, the reason why we

propose the amendments is because of drunk and driving and the issue of the Alco-blow. section

34 subsection (1) by inserting the word or driving a motor vehicle while drunk after the words

public place that’s the first amendment, the second amendment is subsection (2) by deleting the

word shall be liable to a fine not exceeding five thousand shillings and substituting or insert the


43


word shall be liable to a fine not exceeding two thousand shillings and inserting the words driving

a motor vehicle while drunk shall be liable to a fine not exceeding ten thousand shillings the third

one is inserting a new paragraph immediately after paragraph two.

Chairman: I that’s a new clause? Okay that’s a new clause.

Hon. Ngotho: I wish to make an amendment by inserting shall be liable to a fine not exceeding

fifty thousand shillings or to imprisonment for a term six month or both immediately after the

words commits an offence that is a new clause Chairman I wish to move those amendments

and I call upon Mheshimiwa from Murungaru to second.

Hon. Muchiri: Thank you Chairman, I would like to second the three amendments as stated by

the Chairman.

Chairman: Thank you Hon. Muchiri for effectively seconding that amendment.





Clerk: now clause 34 is part of this Bill as amended, yes Hon. Muchiri

Hon. Muchiri: Thank you Chairman I wish to revoke standing order number 125 and wish to

move a motion that the Chairman reports progress.

Chairman: Thank you Hon. Members

Hon. Muchiri: Chairman and I wish to call upon Hon.Kirumba to second.


44


Chairman: Hon.Kirumba

Hon. Kirumba: I would like to second the on basis of standing order 125 calling on the Chairman

to report on the progress so I second that.

Chairman: Thank you Hon. members I now wish to propose the motion that the Chairman give a

report on progressive report it has been discussed because many has proposed the motion

anybody wishing to contribute on that any objection to that

Hon. Gichuki: Mr. Chairman, I stand to support the motion that the Chairman reports the

progress due to time limits and having in mind that today is on a Wednesday where members are

not entitled to accommodation so Mr. Chairman I beg to support.

(Clapping)

Chairman: Hon. Njiraini

Hon. Njiraini: Thank you very much I support the motion that the Chairman gives the report on

the same to the speaker. Thank you Chairman.

Chairman: Thank you, Hon. Kamau Njoroge

Hon. Kamau Njoroge: Thank you Chairman I stand to support that the Chairman gives a

progressive report bearing in mind that Mr. Chairman we are no getting paid for working overtime

and even the level of concentration has also decreased. Thank you Chairman.

Hon. Mwathe: Thank you Chairman, I support that the Chairman should give the report bearing

in mind that we are travelling after this sitting.

Hon. King’ori: Mr. Chairman Sir, I wish to give the report of progress on the Nyandarua County

Alcoholic control Bill 2014 after a motion to report progressive as moved by Kariuki Muchiri and

seconded by member f0r Kipipiri. Mr. Speaker sir we’ve gone through several clauses ,the Bill


45


has sixty clauses which we’ve gone through and made several amendments up to clause number

35, and therefore seek leave that we sit another day and we shall consult with the house business

committee so as to allocate time, as provided for understanding order 125 and I humbly request

Mr. Speaker sir that the day should not be Thursday, tomorrow as the committee on education will

be visiting the people on public participation on bursary Bill so a time next week would be

appropriate thank you Mr. Speaker sir.

Speaker: Yes, Hon. members, the motion to adjourn the committee of the whole house has been

moved and seconded and the progress report having been given by the Chairman of the joint

committee on the Nyandarua Alcoholic l Bill 2014 and pursuant to standing order 125 its allowed

that this committee of the whole house convene on another date other than the 19 th day of June

2014 and that is on Tuesday 24nd June 2014 on a date to be agreed upon and a time to be agreed

upon by the joint house committee and the house business committee I think that is an issue of

allocation of time and Hon. members, I don’t know because if you have gone up to clause 35 and

the Bill goes up to clause 60 whether it will be prudent to the house business committee to

convene Tuesday morning at 9:00 am even without consulting the house business committee. I

think it will be prudent so that we get through with this Bill due to its urgency that we convene on

Tuesday the 24th of June 2014 at 9:00am.

Next order

Clerk: There is no any other order.

(The house adjourns to19th June 2014 at 2. 30 pm.)

Clerk: Clause 35 breach of license


46


1) Any person who sells an Alcoholic drink or offers or exposes it for sale or bottles an Alcoholic

drink except under and in accordance with and on such premises as may be specified in a license

issued in that behalf under this act commits an offence and is liable;

a) For a first offence to a fine not exceeding five hundred thousand shillings or to imprisonment for

a term not exceeding four months or both.

b) For a second or subsequent offence, to a fine not exceeding one million shillings or to

imprisonment not exceeding four years or both.

(Question proposed)

Hon. Ngotho: Chairman, we have some amendments for (a) and (b), I wish to delete clause (a)

and b and for:

(a) A fine not exceeding fifty thousand shillings and an imprisonment term not exceeding nine

months, or both.

(b) For a second or subsequent offence to a fine not exceeding one hundred thousand and an

imprisonment term not exceeding one year, or both.

Hon. Kieru: Thank you Mr. Chairman Sir, I wish to second the amendment as proposed.



Clerk: 2. except as may be provided for in this act, no person shall;

a) Sell an Alcoholic drink in any workplace office factory public park or any public recreational

facility public transport vehicle public beach sports stadium or public street.

b) Sell, purchase or consume an Alcoholic drink in an Alcoholic drink selling outlet licensed to sell

the Alcoholic drink


47


3) Any Person who contravenes the provision of sub section (2) commits an offence and is liable

to the penalties specified under sub section (1)

(Question proposed.)

(Question put and agreed upon.)

Clerk: Clause 36; non-disclosure of conviction

Any person who contravenes the provisions of this Act to disclose any convictions and fails to do

so when making any Application commits an offence



Clerk: Clause 37: Sell Without Conviction

(1) if any person purchases any Alcoholic drink from a licensee whose licensee 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 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 in any highway

adjoining or near any such premises, and it is proved to the board that the drinking of the

Alcoholic drink was with the leave or the consent of the licensee m who sold the Alcoholic drink,

the licensee commits an offence.

(2) If a licensee whose license does not cover the sale of the Alcoholic drink to be consumed on

his premises himself takes or carries, or employs or suffers any other person to take or Carry, any


48


adulteration took place without his knowledge or consent, order that his license be forfeited, and

no license shall thereafter be granted or transferred to him.

Chairman: Thank you Honorable members, I wish to propose that clause 378 be part of this Bill

Hon.Ngotho: Chairman I wish to move an amendment on the side note, it had an error, it says

without a license not without a conviction.

(Question on the amendment proposed.)

(Question on amendment put and agreed upon.)

Clerk: Clause 38: proof of sale

(1) In any proceedings under this act relating to the sales of the consumption of an Alcoholic

drink, such sale of the consumption shall be deemed to be proved if the court is satisfied that a

transaction in the nature of the sale took place, whether or not any money have been shown to

have passed, or as the case may be, if the court is satisfied that any consumption was about to take

place.

(1) Evidence of consumption or intended consumption of an Alcoholic drink, on licensed premises by

any person other than the licensee or his employee or agent shall be construed as 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.

(2) In any proceedings under this Act, where a person is charged with selling Alcoholic drink without

a license or without an appropriate license, such Alcoholic drink being in a bottle and appearing to

be unopened and labeled by its bottler, the bottle of such bottle shall be deemed, unless the

contrary is proved to be Alcoholic drink of the description specified on the label thereof.



49



Clerk: Clause 39: Endorsement of conviction of license.

Every licensee who is convicted of an offence under this Act shall produce his license to Court

convicting him, and the court shall endorse every such conviction on the license and the relevant

administrative officer of the court shall inform the relevant Sub-County Committee.

(Question proposed)


Clerk: Clause 40: Forfeiture of license upon conviction

If any proceedings before a court it appears that a licensee-

(a) Whether he was present in the licensed premises or not, has permitted an unlicensed person to

be the owner of the business of the licensed premises or to have a substantial interest in that

business, except with the consent of the Sub-County Committee;

Or

(b) is convicted of an offence under this Act and a previous conviction within the preceding twelve

months of the same and any other offence under this Act or three such previous convictions

within the preceding five years is or are proved;

Or

(C) Is twice convicted within the twelve months of selling, offering or keeping for sale any

adulterated Alcoholic drink.

(Question proposed)


Clerk: Clause 41, Advertisement and promotion


50


(1)No person shall promote an Alcoholic drink by way of outdoor advertisement-

(a) in a manner that is false, misleading of deceptive or that are likely to create an erroneous

impression about the characteristics, health ,effects, health hazards or social effects of the

Alcoholic drink;

(b) Through painting or decorating the name of the Alcoholic drink or manufacturer, colour And

brand images or logos associated with a manufacturer or an Alcoholic drink or any other related

form except the inner part;

(C) In places demarcated under any written law as residential areas or within a distance of three

hundred meters from nursery, primary, secondary or other institutions of learning for person under

the age of eighteen years or a health facility of a public playground or any other public land or

property or in public service vehicle.

(2) A person who contravenes the provision 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 both.

(3) Pursuant to article 24 (2) of the constitution, the right to freedom of expression set out in

article 33 of the constitution is limited to the extent specified in this article for the purpose of:-

(a) Protecting consumers of the Alcoholic drink form misleading or deceptive inducement to use

Alcoholic Drinks; and

(b) Protecting persons under the age of eighteen years from negative impact on health and social

development from exposure to advertisements of Alcoholic Drinks.

(Question proposed)



51


Clerk: Clause 42, prohibited sales

(1) A licensee shall not-

(2) (a) Award, grant or give to person an Alcoholic drink for consumption in or outside the licensed

premises without any consideration equivalent to the market price of the Alcoholic drink ;or

(b) 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.

(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 both.

(Question proposed)


Clerk: Clause 43, Enforcement

(1) The executive Committee Member in charge of Legal and Public Service shall, upon

recommendation by the Sub-County Committee, appoint for each sub-County, any class or class

of persons to be authorized officers for purpose of this Act.

(2)This executive Committee Member shall issue a certificate of appointment to every person

appointed under this section.

(3) Notwithstanding the provisions if this section, the following officers shall be deemed to be

authorized officers for the purpose of this Act-

(a) Public health officers appointed under the public Health Act; and

(b) Officers appointed as enforcement officers under the national Police ServiceAct, Standards

Weights and Measures Act and Anti-counterfeit Act.


52


(C) Any other person upon who many written law vests functions of the maintenance of law and

order.

(Question proposed)


Clerk: Clause 44 Enforcement committee

(1) County Executive Committee member for Legal and Public Service shall establish a County

Alcoholic Drink Control Enforcement Committee for the purposes of enforcing this Act.

(2) The Enforcement Committee shall consist of:-

(a) The Chief Officer responsible in the docket of Legal and Public Service.

(b) The officer responsible for coordination of national government functions in the County;

(c) The County Public Health Officer,

(Question proposed)

(Question put and agreed on)

Hon. Kieru: As a matter of concern though the committee can advise Mr. Chairman the County

executive member for legal and public service, I thought Mr. Chairman that it would be prudent

to say “the County executive member dealing with the matters of Alcoholic Drinks and

enforcement” because this thing may last for years and maybe the next government it shall not be

under legal and public service so it will not be right to mention the docket but it will be right to

say relevant docket, so Mr. Chairman, I was proposing for an amendment though the Chairman

has been advised.

Chairman: Yes, Honorable Ngotho.


53


Hon. Ngotho: Thank you Chairman, I think if we say the executive in charge of alcohol, this are

two executives because one is involved in legislation, the other one is on social and this are two

different CEC members and if a new government comes and changes it, it would be prudent just

for them to go and make amendments then I think it will stay as it is.

Chairman: Thank you Hon. Ngotho. I think Hon. Kieru is not in a position to push for an

amendment.

(Question proposed)


Clerk: Section 2(d) the officer in charge of administration police service in the County,

(Question proposed)

Hon. Ngotho: Mr. Chairman, I want to move an amendment but I have seen some light and we

have to move the amendment as discussed by the committee and delete the officer in charge of

administration police servicing the County and let’s put the officer in charge of County police in

the County the reason is that mostly the Kenya police re the once in charge of maintaining law and

order within an area or the County and administration police are mostly used for protecting state

officers and other national officers and others like the Assembly, parliament but the most

instrumental service is the national police service. We decided to remove administration police

and replace with national police service

Chairman: I would propose you point out a person to second, Hon. Ngotho.

Hon. Ngotho: I call upon Hon. Kieru.

Hon. Kieru: Thank you Chairman, I rise to second the amendment as proposed so that we have

the officer in charge of police service in the County.


54



I rise to echo my concern on that amendment because, the last amendment was inclusive in my

view, indeed I oppose, in my view the initial amendment was inclusive in the sense that the

administration police and police under one AG and the way we are going, we have the KWS and

so forth this committee initially had gotten it right but know they have tried to confine themselves

in the police only.

Chairman: Yes, we go to Hon. Kirumba

Hon. Kirumba: It should remain the way it was.

Hon. Gachomba: Mr. Chairman, I believe clause 44 sub-sections 2(d) I want we delete the word

administration because it does not have the power to prosecute

Hon. Ngotho: I want to know if Hon. Gachomba came to second the amendment by Hon.

Kirumba

Hon. Gachomba: I did stand to second.

Chairman: Thank you Mr. Gachomba.

(Question proposed)


Clerk: Clause 44 sub section 2 (e) Enforcement officers in charge of each Sub County to be

nominated by the County Executive member in charge of Legal and Public Service.

Chairman: Yes Honorable members before let us proceed, clerk lets go to clause 44 sub section

2(e) is part of the Bill.

(Question proposed)



55


Clerk: The County Executive Committee Member in charge of Legal and Public Service shall

ensure that the committee is provided with the necessary secretariat services.

(Question proposed)


Clerk: Clause 45 the functions of the Enforcement Committee

The functions of the Enforcement Committee shall be to:-

a) Coordinate enforcement of the Act;

b) Monitor and evaluate the enforcement process and system under the Act;

c) Advise the County Executive committee member in charge of Legal and Public service on the

necessary measures to be adopted to ensure effective and compliance under the act

d) Create civic awareness on compliance with the provisions of this Act.

(Question proposed)


Clerk: Clause 46,(1), For the purposes of ensuring compliance with this Act, an authorized officer

may at any reasonable time, enter any place in which the officer believes on reasonable ground

that any person or persons is in any way contravening the provisions of this Act;

(2): An authorized 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 this Act.

(3): Pursuant to Articles 24 (2) of the constitution, the right to privacy set out in Articles 31 of the

constitution is limited to the extent specified in this section for the purpose of protecting


56


consumers of Alcoholic drink by ensuring fair and ethical business practices related to production,

distribution, promotion and sale Alcoholic Drinks as specified in this Act.



Clerk: Clause 47, in carrying out an inspection in any place pursuant to section 46, an authorized

officer may:

a) Examine an Alcoholic drink or anything referred to in that section;

b) Require any person in such place to produce for inspection, in the manner and form requested by

the officer, the Alcoholic drink or anything ;

c) Open or require any person in the place to open any container or package found in the place that

the officer believes on reasonable grounds contains the Alcoholic drink or anything.

d) Conduct any test or analysis or take any measures;

e) Require any person found in the place to produce for inspection or copying, any written or

electronic information that is relevant to the administration or enforcement of this Act.

f) Demand the production of evidence that a County alcohol certification has been done on the

products being offered for sale.

Pursuant to Article 24 (2) of the constitution, the rights to privacy and property set out in Articles

31 and 40 of the constitution are limited to the extent specified in this section for the purpose of

enforcement of this Act and for protecting consumers of Alcoholic Drinks by ensuring fair and

ethical business practices related to production, distribution, promotion and sale of Alcoholic

Drinks as specified in this Act.

(Question proposed)


57



Clerk: Clause 48 in carrying out an inspection in a place, an authorized officer may -

(a) 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;

(b) Reproduce the data in the form of a print-out or other intelligible output and take it for

examination or copying;

(c) Use or cause to be used any copying equipment in the place to make copies of any data, record or

document.

(d) Scrutinize any other record system in use in that place.

(Question proposed)

(Question proposed and agreed upon)

Clerk: Clause 49, an authorized officer may enter a dwelling place or premise except with the

consent of the occupant upon notice or under the authority of a warrant issued under section 50.

(Question proposed)


Clerk: Clause 50: (1) Upon an ex-parte application, a magistrate or Judge, may issue a warrant

authorizing the authorized officer named in the warrant to enter and inspect a dwelling place,

subject to any conditions specified in the warrant, if the magistrate or judge is satisfied by

information on oath that-

(a) The dwelling place is a place referred to in section 46;

(b) Entry to the dwelling place is necessary for the administration or enforcement of this Act


58


(c) The occupant does not consent to the entry or the entry has been refused or there are reasonable

grounds for believing that it will be refused.

(2)The time of such entry shall be between six O’clock in the forenoon and six O’ Clock the

afternoon of any day of the week or during the licensed hours under the license issued in the Act;

(Question proposed)


Clerk: Clause 51: An authorized officer executing the warrant issued under section 50 shall use

reasonable force and or as specified in the warrant

(Question proposed)


Clerk: Clause 52, an authorized officer, who has analyzed or examined an Alcoholic drink or

thing under this Act, or a sample of it, shall issue a certificate of report setting out the results of

analysis or examination.

(Question proposed)


Clerk : Clause 53, assistance of Officers;

(1) The owner of a place inspected by an authorized officer under this Act or the person in charge of

the place and every person found in the place shall;

(a) Provide all reasonable assistance to enable the authorized officer to carry out his duties under this

Act;

(b) Furnish the authorized officer with such information as the officer reasonably requires for which

entry into the place has been made.


59


(2)The inspecting agent in subsection (1) shall issue the respective completion and certification

certificate once satisfied with the inspection.

Clerk: Clause 54, No person shall obstruct or hider, knowingly make a false or misleading

statement to an authorized officer who is carrying out duties under this act. Any person so

commits an offence under this Act.

(Question put)


Clerk: Clause 55(1)During the inspection under this act , an authorized officer may seize any

Alcoholic drink or a thing by means of which or relation to which the officers believes, on

reasonable grounds , that this act has been contravened and to a full inventory thereof shall be

made at the time of such seizure by the officer.

55(2) The authorized officer may direct that any Alcoholic drink or thing be stored or stored in a

place where it was seized or that it be removed to another place.

55(3) Unless authorized by an officer no person shall remove, alter or interfere in any manner in

any Alcoholic drink or other thing seized.

55(4) Any person from whom an Alcoholic drink or thing was seized may within fourteen days

(14) After the date of seizure apply to the court for an order of restoration and shall send notice

containing the prescribed information to the executive member in charge of legal and public

service within the prescribed time and in the prescribed manner.

(Question proposed)



60


Clerk: Section 56 order for restoration. 56 (1) the court may order that the Alcoholic drink or

thing be restored immediately to the applicant if on hearing the application the court is satisfied

that;

(a) The applicant is entitled to possession of the Alcoholic drink or thing seized and

(b) The Alcoholic drink or thing seized is not and will not be required as evidence in any

proceeding in respect of an offence under this act.

56 (2) where upon the hearing an application need under subsection (1) the court is satisfied that

the applicant is entitled to possession of Alcoholic drink or thing seized but is not satisfied with

respect to the matters mention in paragraph (b) of subsection one, 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 seize if no proceedings in respect of an offence under this act have

been commenced before that time.



Clerk: Clause 57 general penalty. Any person convicted of an offence under this act for which no

other penalty is provided shall be liable to a fine not exceeding two hundred thousand shilling or

to imprisonment for a term not exceeding two years or to both.

(Question proposed)


Clerk: clause 58 nature of offences.58 (1) offences under this act shall be cognizable offences.


61


Chairman: Honorable members I now wish to propose the question that clause 58(1) be part of this

Bill. Yes Hon. Ngotho.

Hon. Ngotho: I wish to move an amendment under section 58(1) after the word offences to insert

other than the offences in part 6. I call upon Honorable Kairu to second.

Hon. Kairu: Chairman I hereby second the amendment.





Clerk: Clause58 (2) where a corporation registered society or other similar legal entity commit an

offence under this act any director or officer of this corporation, society or legal entity who

acquiescence in the offence commit 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.

58(3) in any prosecution for an offence under this act it shall be sufficient prove of the offence to

establish that the offence was committed by an employee or agent of the accused.

(Question proposed)


58(4) any act done or omitted to be done by an employee in contravention of the provision of this

act shall be deemed also to be the act or omission of the employer, and any proceedings of an

offence arising out such act or omission may be taken against both the employer and the

employee.


62


(Question proposed)

Hon. Ngotho: I wish to propose an amendment to insert the letter ‘e’ in between them and

employer to become the so as to read the employer. I call upon Honorable Kieru to second.

Hon. Kieru: Mr. Chairman I second.





Clerk: Clause 59 nature of the evidence in proceedings (1) In any prosecution for an offence

under this act, a copy7 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 prove of it content.

(Question proposed)

Hon. Ngotho: Again Chairman it’s just another typo, in paragraph 3 to provide for spacing

between the words ‘to be’. I call upon Hon. Kagiri to second.

Hon. Kagiri: l second Mr. Chairman.






63


Clerk: (2) subject to this part a certificate or report purporting 6o be signed by an officer stating

that the officer analyzed anything to which this act applies and stating the result of the analysis

shall be admissible in evidence in any prosecution of an offence under this act without prove of

the signature or official character of the person appearing to have signed the certificate or report.

59(3)the certificate of report may not be received in evidence unless the party intending to

produced 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.

59 (4) the party against whom the certificate of the report provided for under subsection (3) is

produced may with leave of the court require the attendance of the officer for the purpose of cross

examination.

59 (5) in a prosecution for a contravention of this act.(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

(b) A name or address on the package of the person by whom the Alcoholic drink was

manufactured is in the absence of evidence to the contrary proof that it is manufactured by that

person.

(Question proposed)


Clerk: PART VIIIMISCELLANEOUS

Clause 60.Regulations 60; (1) the executive member in charge of legal and public service may on

recommendation of the board make regulation generally for the better carrying out of the objects

of this act.


64


(Question proposed)

Hon. Ngotho: I wish to move an amendment of typo the word on recommendations is conjoined

so l move an amendment that spacing be put to be on recommendations call upon Hon. kieru to

second.

Hon. Kieru: Thank you Chairman, I second





Clerk: 60 (2)without prejudice to the generality of subsection (1) the regulation may (a)

prescribe anything required by this act to be prescribed or prohibit anything required by this act

to be prohibited.(b) prescribe the form of applications notices licenses and other documents for

use under this act.

(c) Prescribe the fees payable under this Act.

60 (3) pursuant to Article 94 (6) of the Constitution the legislative authority delegated to the

executive member in this section shall be exercised only for the purpose and intent specified in

this section and in accordance with the principles and standards set out in the Interpretations and

General Provision Act and the Statutory Instrument Act, 2013.

(Question proposed)


Clerk: Clause 61 Transitional 61 (1) notwithstanding any other provision of this act to the

contrary, a person who immediately before the commencement of this act was in accordance e


65


with the Alcoholic Drinks Control Act, 2010 a manufacturer, importer, distributor or retailer of

any Alcoholic drink under this act shall be deemed to be a manufacturer, importer, distributor,

retailer off any Alcoholic drink under this Act.

61(2) THE MANUFACTURER, IMPORTER, EXPORTER, DISTRIBUTOR or retailer of any

Alcoholic drink in the contemplated referred to this subsection (1), shall comply upon

commencement of this Act, and comply with the requirements of this act.

(Question proposed)


Now Hon. Members let us proceed to the new clauses and Mr.Ngotho.

Hon. Ngotho: Mr. Chairman I wish to introduce new clauses I have 2 clauses to introduce I will

introduce them together. Under section 4we introduce clause4 (8) to read Clause4 (8) the term of

service for five years renewable term subject to a maximum of two terms.

The second clause is introducing the Chairman of the board enforcement committee number 16 to

read 44, (2) (f) the Chairman of the committee of Alcoholic drink control board. I call upon Hon.

Gachomba to second.

Hon. Gachomba: Thank you Chairman, I stand to second the new clause introduced.

Chairman: I wish to propose the question that clause4 (8) be read for the second time.

Clerk: The members of the board will serve for a maximum of five years renewable with subject

to two terms.

(Question proposed)



66


Clerk: Clause44 (2) (f) to read the Chairman of the committee Alcoholic drink control board. I

call upon Hon. Gachomba to second.

Hon. Gachomba: Thank you Chairman I stand to second the new clause44 (2) (f) as proposed.

Chairman: Thank you Hon. Members I wish to propose the question that clause 44 (2) (f) be read

a second time.

Clerk: The Chairman of committee of the Alcoholic drink control board

(Question proposed)


Now we go to the schedule.

Clerk: First schedule license hours conditions and exceptions

1. General Alcoholic license. Retail drink authorized to sell Alcoholic drink:

a) From Monday to Friday during the hours of 5:00pm to11:00pm

b) During weekends and public holidays during the hours of 2:00pm to 11:00pm.

2. General Alcoholic license retail drink, off-license wines and spirits retailers (rural and sub-

urban)

Authorized to sell Alcoholic on any day of the week during the hours of 5:00pm to 11:00pm

3. Supermarket or franchised retail chain stores urban Alcoholic drink license off- license

Authorized to sell Alcoholic drink on any day of the week during the hours of 5:00pm to11:00pm

4 Hotel Alcoholic drink license authorized to sell Alcoholic drink on any day of the week to a

lodger for his own consumption and his guest consumption on the premises at any hour.

5. Club Alcoholic drink license


67


(a) Members club. A member’s club license may only be held by a club that is a non-profit

association incorporates under the society’s Act.

Authorized to sell Alcoholic Drinks to members on any day of the week at any hour.

b)Proprietary club including night club

Authorized to sell Alcoholic drink any day of the week during the hours of 7:00pm to3:00a.m

6. Theatre Alcoholic drink license

Authorized to sell Alcoholic drink during the hours of5:00pm to 11:00pm

7 Travelers’ Alcoholic drink licenses; authorized to sell Alcoholic drink on any day of the week at

any hour to persons bona fide travelers on board a train or air.

8 Railway restaurant, car Alcoholic drink license, authorized to sell Alcoholic drink at any hour.

9Steamship Alcoholic drink license

Authorized to sell Alcoholic drink on any day of the week at any hour while the steam ship,

whether stationary or in motion is on voyage.

10 temporary or occasional licenses

Authorized to sell Alcoholic drink on the day and during the hours stipulated in the licence by the

sub County committee of the purpose of specific occasions ceremonies or events as indicated in

the application.

(Question proposed)

Hon. Ngotho: Chairman I wish to make two amendments on the first schedule first amendment is

on general retail Alcoholic drink license. Which is number one to change the hours from5:00pm

to11:00pm to read 4:00pm to11:00pm this was informed to cater for the aged and those who like

to take their drink and go home early. We gave them one hour from4:00pm to11:00 pm. During


68


public participation the owners were also talking about the working hour of the government that is

eight hours.If you check the hours given, they are six so we added one hour so that we can have

seven hours of work and also to cater for the elderly who love taking their Drinks early. This was

informed by public participation mostly the committee saw it prudently to add that one hour.

The second amendment is on the same on wines and spirit we reduce the time for wines and spirit

from5:00pm to11:00 pm by one hour so that is can be 4:00pm to 10:00pm. I call upon Hon. Kieru

to second.

Hon. Kieru: Thank you Chairman, I second the amendment





Clerk: Second schedule

Types of licenses the following licenses may be granted under this act:

1. Manufacturer’s license

Subject to the conditions specified in the license, a manufacturer license authorizes the holder to

(a) Manufacturer and the store the manufactured Alcoholic drink in his depot

(b) Sell the product of his manufacturing plant by wholesale in accordance with the conditions

that are for the time being applicable to a holder of a whole sale license or by delivery from

depot throughout the County in accordance with the Nyandarua County Alcoholic Drinks Control

Act, 2014 and


69


c) Bottle the Alcoholic drink subject to such conditions as may be prescribed.

For the purpose of this paragraph, ‘’depot’’ means premises of whatever description which are

occupied by manufacturer for his trade.

2. Wholesale license

A Whole sale license authorizes the license to sell an Alcoholic drink at the premises specified in

the license subject to such conditions as may be prescribed.

(a) Retail license

A retail license authorizes the licensee to sell an Alcoholic drink at the premise at the hours and

subject to such other conditions as are specified in the license.

(Question proposed)

Hon. Ngotho: I wish to move an amendment in c that is the statement that, “For the purpose of

this paragraph “depot” means premises of whatever description which are occupied by

manufacturer for of his trade. You remove the word ‘of’ to remain ‘manufacturer for his trade.’ I

call upon Paul.

Hon. Paul: Thank you Chairman I raise to second the amendment as proposed.





Chairman: Honorable members we now to petition that is clause 2, part 1 of this Bill.

Clerk: In this Bill, unless the context, otherwise requires-


70


“Alcohol” means the product known as ethyl alcohol or any product obtained by fermentation or

distillation of any fermented Alcoholic product rectified either once or more often; whatever the

origin it shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol

completely denatured in accordance with the prescribed formulas;

“Alcohol drink” includes alcohol, spirit, wine, beer, liquor, traditional Alcoholic drink and one or

more of such varieties containing one-half of one percent or more of alcohol by volume including

mixed Alcoholic Drinks, modified industrial alcohol, blended for human consumption and every

liquid or solid patented or not, containing alcohol and capable of being consumed by human

beings;

“Authorized officer” means an authorized officer within the meaning prescribed in this Act;

“Board” means County Alcohol Control Board.

“Cinema” has the meaning assigned to it in the Films and stage Act.

“County” means the Nyandarua County.

“Committee” Means the sub County committee established under this Act.

“Entity” includes a company, Corporation, firm, partnership, association, society, trust or other

organization whether incorporated or not;

“Enforcement Committee” means the County Alcoholic Control Enforcement coordinating

committee established under this act

“County Enforcement Officer” means any officer within the County Administration to whom the

executive committee member responsible for Alcohol control has assigned the duty or duties of

enforcing the obligations created under this Act


71


Executive Committee Member” means the County Executive Committee member responsible for

Alcoholic control

“Governor” means the governor of Nyandarua County.

“Health Institution” means a hospital, nursing home, convalescent home, maternity home, health

Centre, dispensary or other institution where health or other medical services are rendered free of

charge or upon payment of a fee; “Illicit trade” means any practice or conduct prohibited by law

and which relates to production, shipment, receipt, possession, distribution, sale or purchase of

alcohol or it products including any practice or conduct intended to facilitate such activity.’

“Licensee” means a person who holds a license granted under this Act;

“Locality”; unless where context, otherwise provides the contrary, means a city, municipality,

town, urban area, sub County or ward as the case may be;

“Manager” in relation to –

(a)A cinema or theatre includes an assistant manager, a person holding an office analogous to that

of a manager or assistant manager of cinema or theatre or any person in charge or in control or the

cinema or theatre;

(b)A health institution includes the owner or a person in charge or in control of the health

institution.

(c) A specified building the owner occupier, lessee or the person in charge or in control of the

specified building.

“Manufacture” means the brewing, distilling, tapping or any processing or immediate processing

of an Alcoholic drink and includes the packaging, labeling, distribution or importation of an

Alcoholic drink for sale in the County or anywhere in Kenya.


72


“Manufacturer” in respect to an Alcoholic drink includes any entity that is involved in its

manufacturer including an entity that controls or is controlled by the manufacturer or that is

controlled by the same entity that controls the manufacturer;

“Package” means the container, receptacle or wrapper in which the Alcoholic drink is sold or

distributed and includes the carton in which multiple packages are stored;

“Retailer” means a person who is engaged in a business that includes the sales of any Alcoholic

drink to customers:

“Sell” includes-

(a)Barter or exchange without use of money

(b) Offer or expose for sale, barter or exchange without use of money

(c) Supply or offer to supply, in circumstances in which the supplier derives or would derive a

direct or indirect pecuniary benefits

(d) Supply or offer to supply gratuitously but with a view of gaining or maintaining custom or

otherwise with a view for commercial gain;

Premises” means any building ,structure room or rooms that have been approved by the physical

planner in the County and which have all relevant licenses under this act to be used for the

purposes of manufacturer or sale of alcohol as envisaged herein;

“Sub County committee” means the sub County Alcoholic Drinks regulations committee

appointed under this act;

Any reference to any gender automatically is assumed to incorporate and include the other gender.

(Question proposed)



73


Clerk: Long Title an Act of the Nyandarua County Assembly to provide licensing and regulation

of production, sale, distribution, consumption and outdoor advertising of Alcoholic Drinks and

connected purposes

ENACTED by Nyandarua County Assembly as follows

(Question proposed)


Clerk: Clause 1 this Bill may be cited as the Nyandarua County Alcoholic Drinks control act,

2014 and shall come into operation on the date of publication in the gazette.

(Question proposed)


Hon. Ngotho: Hon. Chairman, I beg to move that the committee of the whole house do report its

considerations of the Nyandarua County Alcoholic Drink Control Bill number 5, 2014 and its

approval thereof with amendments.

(Question put and agreed upon

(The deputy Speaker takes the Speaker’s chair.)

Hon. Rahab: Mr. Speaker Sir I beg to report that the committee of the whole house has

considered the Nyandarua County Alcoholic Drink Control Bill 2014, number five and approved

the same with amendments.

Hon. Ngotho: Mr. Chairman I now beg to move that Nyandarua County Alcoholic Drink Control

Bill number five 2014. I beg to move that the committee agreed in the said report.

(Question proposed)


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Hon. Ngotho: Mr. Speaker, /I beg to move that Nyandarua County Alcoholic Drink Control Bill

number five of 2014 be now read a third time.

(Question proposed)


Speaker: We allow the clerk to read the Bill for the third time.

Clerk: THE NYANDARUA COUNTY ASSEMBLY ALCOHOLIC DRINKS CONTROL BILL,

2014

A Bill for;

AN ACT of the Nyandarua County Assembly to provide for the licensing and regulation of the

production, sale, distribution, consumption and outdoor advertising of Alcoholic Drinks, and for

the connected purposes.

ENACTED by The Nyandarua County Assembly.

Chairman: The Bill having now been read for the third time, this Bill has now become an act of

this Assembly. It will be taken for assenting to become an act, by the governor with all the

amendments. I will call upon the office the clerk to ensure that the Hansard record accompanies

the Bill so that everything that has been proposed as an amendment will be taken care of. Thank

you

Chairman: Next order

Clerk: The order paper is exhausted

(House adjourned until Wednesday 24th June 2014 at 2. 30 p.m)


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