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"id": 113053,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/113053/?format=api",
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"speaker_name": "Mr. Mututho",
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"speaker": {
"id": 97,
"legal_name": "John Michael Njenga Mututho",
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"content": "Those are misleading adverts. I am sure that the Kenya Breweries Ltd. is not in the business of killing Kenyans or converting human beings to be simba. We should have adequate and correct advertisement. In talking about promotion, this Bill has put into legal language what they themselves had agreed to do. For instance, you cannot have a billboard within 300 meters from a school and you have to do certain advertisements at certain times when children are asleep. That is being responsible. That is what this Bill says. Lastly, the Bill seeks to promote research and dissemination of facts. Everybody knows a drink called âAmarulaâ which is developed from an African tree. That is good research but abuse of Amarula is not good. Such research and development can only be enhanced by agencies which do not have any other interest other than having human beings at heart. In research and development, we are talking about the alcohol that can be allowed to be consumed in Kenya. Like I said earlier on, some of you like wearing black while others like wearing yellow for your own reasons. Some people react even to certain smells. Such research can only be done by institutions such as the NACADA so that people have real facts and not myths and rumours. Part I of the Bill contains preliminary provisions which I do not need to go into depth. Part II provides administration of the Act. For once, there will be an inspector. This is not an inspector of police or Administration Police, but a woman of such a character that would be a demand of the local community. She will sit in that Licensing Board. The inspector could be a teacher and now we have this inspectorate role which is financed by the same body to make sure that everybody complies and bars are opened in good time. It could also be local Officer Commanding Police Division (OCPD), the local AP Commandant or a very good clergyman. Madam Temporary Deputy Speaker, Part III contains provisions relating to licensing of alcoholic drinks. Very stringent rules have been outlined here. Not everybody can be licensed. For instance, if you have been convicted of alcohol-related offences, then do not expect to get a licence under this Act. It will be very difficult for you. If you run a changâaa den or hide impurities and give funny names or ingredients that are not allowed, you will not be licensed to sell alcohol. However, if you are a decent person like all of us hon. Members, you will be licensed to run that business. Clause 8, establishes District Alcoholic Drinks Committee. This has been revised and broadened as you can see to include more people who have more say. It will be more transparent now than when we had only three people namely, the OCPD, the DC and the District Criminal Investigation Officer (DCIO), determining who will be licensed. They ended up licensing people of suspicious character and eventually, we have this problem. People are running 24 hours poisoning Kenyans in the name of fortified wine. Madam Temporary Deputy Speaker, Part IV contains positions relating to general requirement for the alcoholic drinks. This part is important because I have said that we cannot sit here and pretend that we are of that faith that does not support alcohol drinking. Alcohol is even available in some medications. However, we are talking about responsible use of alcohol. Part VII provides for the enforcement of the Act. Obviously, when you have 15 statutes as we have now, you get confused on what you are supposed to do. That is why we thought of consolidating all these statutes and pick the good parts. By the, way we read this and had it examined by some experts all over the world. They said, if enacted this will be a very good law. That was according to them. We have old professors, some who are about 80 years old who have been in this alcohol business for a long time. People from the sobriety society also said that this will be good. People who want to drink, will have cheap alcohol that is hygienic to drink. This is cheap alcohol that can be used in ceremonies without necessarily being denied that facility. Those who are rich can have the super alcohols which cost tens of thousands, but again, in pure form and in a manner that is prescribed by the Minister under Section 66. Madam Temporary Deputy Speaker, Part VIII contains provisions relating to education and information. I have already said that people act in ignorance. If somebody had bothered to tell people that these fortified wines when they come to Central Kenya will make them impotent, chances are Kenyans would not have taken it. However, in the absence of knowledge, they continue acting in ignorance and get hooked to this very dangerous habit. We have seen more deaths now because of liver cancer. We have also seen more deaths because of accidents than any other time in our lives. That is what we are talking about. People should be educated. Let them be told that this Bill is not about legalizing changâaa but what the Minister has been advised to legalize by the agencies. If they say that Tusker beer is not good and the agencies advise the Minister and he or she proves that it has heavy metal, that is it! It will not be licensed. So, if you want to celebrate licensing of changâaa then you must understand that the changâaa that will be licensed by the Minister can also be diluted to 50 per cent so that you do not have 80 per cent alcohol. The Minister can decide you have to market your changâaa at 50 per cent proof or none at all. The Minister will have widespread powers based on new research and not on myths. The research will be carried out by the necessary agencies and not the many Government agencies that cannot agree on the day of the week. Madam Temporary Deputy Speaker, this morning you heard it and you will hear it again this afternoon; people cannot even agree on what killed fish in Lake Naivasha. They think it is lack of oxygen. It will continue like that. The public health department does not agree with everybody else and the 20 agencies come up with different stories. That is why we want one agency, very responsible society and then have an Act that can be enforced. There is no need to create laws that no one would even bother to look at. That is why we have looked at the issue of fines which have been rather moderate in some cases. We also do not want to fine people Kshs2 million when we know they cannot raise Kshs10, 000. Madam Temporary Deputy Speaker, Part VIII has miscellaneous provisions; this is the most interesting, and I have referred repeatedly to this part, particularly Clause 66. Should we continue to have the Kane in the market? Should it be that the Minister has already issued a licence and specified Kane as a healthy drink, we can then take the Minister to task. Should we continue having this fortified wine that is killing our people, causing liver cancer, then we can hold the Minister responsible for this. If we have changâaa licensed then we can hold the Minister responsible because we will be working from an informed position. Under this section, the Minister has widespread powers, which he is expected to use and not to abuse. If he abuses them under the watchful eyes of this Parliament, I am sure his actions will be brought under check. I want to state again that this whole thing is not about condemning or supporting"
}