A new bill before the National Assembly is seeking to raise the minimum drinking age from the current 18 years.
The Alcoholic Drinks Control (Amendment) Bill, 2026, not only sets restriction on sale, but also access, employment, promotion and consumption of alcoholic drinks.
The Bill, sponsored by Bomachoge Chache MP Alfah Ondieki, argues that a person who has attained 18 years may still not be sufficiently mature to understand the implications of consuming alcohol.
“The justification for the amendment is that a person who has turned 18 years of age is still not mature enough to understand the implications of alcohol consumption as such a person is transitioning from a teenager to an adult and may not understand the implications of alcohol consumption,” the MP said in the bill’s memorandum.
The changes come against the backdrop of years of efforts by successive governments to control alcohol abuse, particularly among young people.
It marks the first official step to enact the wish of the government, through Nacada, and stakeholders in the fight against alcohol abuse for an age increase.
In an earlier effort, the anti-drugs agency cited rising alcohol consumption among young people and growing public health concerns.
It reported that youths aged 15 to 24 years were consuming alcohol, pointing to early initiation into drinking, leading to continued use later in life.
Nacada reported that consumption increased significantly in the 25 to 35 age bracket, indicating an increase as young adults gain financial independence and mobility.
The agency argued the trend supported the need for stricter regulatory measures, including raising legal age of drinking as proposed in the bill.
There is yet to be enacted an official policy to enforce the 21-year restriction. Some clubs have their own rules for admission for higher ages, say 23.
The proposed changes would affect a wide range of activities under the Alcoholic Drinks Control Act, including licensing of premises and employment of people involved in selling alcohol.
It will also affect the age of access to areas where alcohol is manufactured or consumed, outlaws supply to young people.
Alcohol promotion and notices displayed in drinking establishments would also come under a tighter regime.
If enacted, people below 21 would effectively be treated as underage for purposes of the law.
Alcohol dealers would also no longer be allowed to employ anyone below 21 years as shopkeepers in their outlets.
It would also bar people below 21 from entering or accessing areas where alcoholic drinks are manufactured, stored or consumed.
On the restriction on supplying alcohol to young people, the law prohibits knowingly selling, supplying or providing alcohol to anyone below 18 years.
The amendment would replace that threshold with 21 years.
The existing provision provides for a fine of up to Sh150,000, imprisonment for up to one year, or both, for offenders.
The bill also seeks to extend restrictions on alcohol advertising and promotion.
It proposes that alcohol promotions should not target events or activities associated with people below 21 years, nor use materials associated with this age group.
The existing law prohibits promotion at events associated with persons under 18 and provides a maximum fine of Sh500,000, imprisonment for up to three years, or both.
Kenya has previously relied on the Alcoholic Drinks Control Act to restrict access by minors, regulate drinking establishments and curb advertising and promotion of alcohol.
The law prohibits licensed premises from allowing people below 18 years into areas where alcohol is manufactured, stored or consumed. It also requires supermarkets and related retail outlets to take measures to prevent under-18s from accessing areas where alcohol is sold.
The law also prohibits alcohol outlets from being licensed in basic education institutions and requires drinking premises to be at least 300 metres from nursery, primary, secondary and other learning institutions serving people below 18 years.
Despite these safeguards, successive administrations have continued to introduce measures aimed at dealing with alcoholism, illicit brews and underage drinking.
The proposed increase to 21 therefore represents a further tightening of the legal framework rather than an entirely new approach to regulating access to alcohol.
Under the proposed changes, even the notices displayed at alcohol outlets would have to reflect the new age threshold.
The current law requires notices stating that drinking alcohol is prohibited for people below 18. The amendment would replace that threshold with 21 years.
