The High Court has intervened to prevent the seizure of alcoholic products produced by Kenya Wine Agencies Limited (KWAL) from the Kenyan market by state agencies.
KWAL, a reputable manufacturer established in 1969, produces popular brands such as Hunters Choice whisky, Kibao vodka, Kingfisher, Viceroy brandy, Best Cream, Best Whisky, and Best Vodka. The company operates depots in major cities, including Nairobi, Mombasa, Nakuru, Nyeri, Kisumu, and Eldoret.
Justice Chacha Mwita granted this order following an application filed by KWAL. Advocate Peter Wanyama represented KWAL in court, emphasizing that his client is not a backstreet manufacturer but a longstanding player in the industry.
Wanyama revealed that since April, KWAL employees and depot owners have faced verbal threats regarding the closure of their business. He noted that these threats originated from individuals claiming to be officers of the Kenya Bureau of Standards (Kebs), part of a multi-agency task force created to combat illicit alcohol.
During the hearing, Wanyama informed the court that on September 4, Kebs officers had visited distributorship outlets and seized KWAL’s products. He expressed frustration over this action, asserting that it occurred despite government clearance for their products following thorough inspections.
Wanyama cited a letter from the Principal Secretary of Interior, dated May 14, which confirmed that KWAL was compliant and permitted to resume production.
“The seizure is unlawful given that the PS granted us the green light for our manufacturing business. That decision has not been revoked,” Wanyama argued.
On Monday, Mwita instructed Wanyama to serve his application to the respondents before Tuesday’s hearing. However, only the Attorney General attended.
Justice Mwita remarked, “I’ve considered the concerns raised and noted that the respondents had the opportunity to address us but failed to appear.”
He directed the respondents to file their responses within 14 days and scheduled a follow-up hearing for December 4 to highlight submissions.
