Gachagua proposal to move liquor licensing to Nacada sparks hot debate

Gachagua pending bills

Deputy President Rigathi Gachagua.

Photo credit: File| NATION

What you need to know:

  • Governor George Natembeya questioned the need for transferring licensing powers to Nacada.
  • "The problem is not licensing but enforcement... What was so good then that counties have messed up, to warrant the deputy president's proposal?" he queried.

Deputy President Rigathi Gachagua's proposal to transfer the licensing of liquor businesses from county governments to the State-run National Authority for the Campaign Against Drug and Alcohol Abuse (Nacada) has sparked a heated debate among various leaders across Kenya. 

While some endorse the move as a potential solution to curb the proliferation of illicit liquor, others oppose it, citing concerns about devolution and national governmental overreach.

The DP announced the proposal during the 23rd Ordinary Session of the Intergovernmental Budget and Economic Council (Ibec) meeting, emphasising the need for tighter controls on the manufacturing, distribution, sale, and consumption of liquor to address the proliferation of harmful substances.

He highlighted concerns about the social and economic impact of second-generation alcoholic drinks, labelling the issue a national security threat.

During the meeting, he revealed that the national government intends to amend the Alcoholic Drinks Control Act to tighten the control of manufacturing, distribution, sale and consumption of liquor following the proliferation of killer drinks.

"The government is implementing measures to curb illicit brews, drugs and substance abuse. We are seeking the support of our legislators and governors in the initiative. It is our proposal that the mandate of licensing bars and liquor businesses be spearheaded by Nacada," said Mr Gachagua.

But leaders said the move would undermine devolution as counties are mandated to license bars and other liquor businesses.

Vihiga Senator Godfrey Osotsi expressed scepticism about the proposal, accusing the national government of attempting to undermine devolution by centralising licensing, which traditionally falls under the purview of county governments.

"With such plans in play, it is now evident that the Kenya Kwanza government does not believe in devolution. They have been trying through all ways to take over devolved functions from counties,” he said.

 He further criticised governors who align themselves with the Kenya Kwanza administration, suggesting that they may be left powerless in the face of these centralising efforts.

Trans Nzoia Governor George Natembeya offered a different perspective, focusing on enforcement rather than licensing.

He argued that both Nacada and the National Police Service, as national government institutions, are responsible for enforcement.

Governor Natembeya questioned the need for transferring licensing powers to Nacada, stating: "The problem is not licensing but enforcement... What was so good then that counties have messed up, to warrant the deputy president's proposal?"

Former Nacada chairman John Mututho voiced support for Gachagua's proposal but emphasised the importance of comprehensive action in combating the proliferation of illicit liquor.

Mr Mututho stressed the need for quality regulations and structured enforcement.

"To succeed in the fight the government must come up with ways to suppress the demand and supply of the illicit liquor and also spearhead advocacy and ensure proper mechanisms of treatment and or rehabilitation of addicts," added the former Naivasha Member of Parliament.

Mututho further suggested a division of responsibilities, proposing that the national government handle licensing while counties focus on revenue collection.

He also underscored the importance of allocating revenue generated from alcohol outlets to treatment and rehabilitation programmes for addicts.

Nation.africa also learnt that several governors including those allied to the Kenya Kwanza administration, are apprehensive about the proposal.

"They are yet to come out and pronounce their stand for fear of being seen as not supportive of the fight against illicit liquor. Most of those l have talked to are very uncomfortable about the proposal," said a UDA-elected legislator from the Mount Kenya region.

The county bosses are in a dilemma, as they strive to strike a balance between supporting the fight against illicit liquor and safeguarding their mandate and the much-needed revenue from bars and alcohol outlets.

Mr Gachagua revealed that the national government intends to amend the Alcoholic Drinks Control Act to tighten the control of manufacturing, distribution, sale and consumption of liquor following the proliferation of killer drinks.

"We are seeking the support of our legislators and governors in the initiative," said Mr Gachagua.

He said that before taking the proposal to parliament, it will be given to the Council of Governors for input.

Already, some county assemblies mainly in Mount Kenya have embarked on passing legislation, which Mr Gachagua says will boost the fight against the illicit liquor menace.