The National Authority for the Campaign Against Drug Abuse has proposed banning alcohol and other intoxicants in homes and residential estates, pending Parliament’s approval.
The move comes as the agency seeks to curb underage drinking and reduce harmful alcohol consumption across the country.
This, even as the anti-drug abuse agency said that local brews like busaa are not illegal as long as they conform to the public health conditions.
Appearing before the Senate Devolution and Intergovernmental Relations Committee, chaired by Sheikh Abbas, Nacadachief executive officer Anthony Omerikwa said the dangers posed by alcohol outlets in residential areas.
He said early alcohol exposure can seriously affect young people’s developing brains.
“Data shows that children are starting to consume alcohol as early as four to seven years old,” Omerikwa said.
“The sale of alcoholic products in residential areas and near schools exposes them to early initiation, which we must prevent.”
Nacada’s proposal outlines sweeping restrictions that would ban alcohol sales in 10 categories of venues, including supermarkets, restaurants, petrol stations, online platforms, vending machines and residential premises.
Public venues such as beaches, parks, amusement centres, bus parks, railway stations, ferry terminals and highways would also be off-limits.
The agency’s legal director, Leaky Illa, added that the Attorney General Dorcas Oduor is currently drafting amendments to the Alcoholic Drinks Act 2010 to enforce these restrictions.
“There has been a serious increase in complaints about alcohol outlets. Licensing challenges have led to proliferation in residential areas and near schools, non-compliance with operating hours, and improper packaging,” Omerikwa said.
Other areas where alcohol sales would be banned include outlets associated with children, toy shops, educational institutions of all levels and street vendors.
The aim, according to Nacada, is to reduce the normalisation of alcohol, particularly among minors, and to rein in digital marketing and retail expansion that bypasses traditional age and location-based controls.
Statistics show that roughly 87 per cent of university students in Kenya consume alcohol, with the highest use among those aged 18 to 24.
Nacadasays that supermarkets should not sell alcohol, as determining the age of underage buyers can be challenging.
“What we are seeking to reform is access. Easy availability is exposing many people, including minors, to alcohol,” Illa said.
He added that the current laws are too lenient, allowing sales near schools and in residential areas, which “normalises” drinking culture among children.
The proposed law also targets online sales, home deliveries and vending machines, aiming to close loopholes that currently allow underage access.
Under current law, alcohol can be sold in supermarkets if they meet specific licensing requirements, including restricting access to minors, securing a retail license and verifying the age of any young-looking customers.
In July last year, the Cabinet approved the National Policy on Alcohol, Drugs and Substance Use, which recommends a total ban on alcohol sales in supermarkets and other “sensitive” areas.
Proposed licensing restrictions would bar new outlets within 300 metres of schools, religious sites, government facilities and residential neighbourhoods, with caps based on population density.
Nacada has been monitoring alcohol regulation gaps through the Inter-Agency Taskforce on Control of Portable Spirits and Combat of Illicit Brews, established in 2015.
The Alcoholic Drinks Control Bill 2023 incorporates views from manufacturers, importers, county intelligence committees, county governments and the public to strengthen national regulation.
The agency is also pushing for heavy penalties and fines for violations, with proceeds going to rehabilitation centres. Kenya currently has 25 rehab centres, of which only six are public facilities.
Nacada’s proposed measures are designed to protect young people, limit alcohol-related harm and promote safer communities across the country.
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