Kenyan goes to court over alcohol being sold at Sh150

A Kenyan citizen has moved to court against the government over alcoholic beverages being sold at Sh150.

One Justus Mombis has taken up an issue with the Kenya Revenue Authority (KRA) for the alcoholic beverages which seemingly don't adhere to the taxation requirements of the law.

According to Mombis, the beverages are also packed in quantities which go against the requirements of the law.

The bar operator claims that failure to enforce the standard requirements by KRA has led to loss of revenues for him and fellow bar owners.

The petitioner reasoned that the manufacturers selling the 250ml liquor for Sh150 are tax cheats.

"There has been massive losses of revenue due to the government whereas the bodies mandated to seal the loopholes through which tax cheats evade payment of taxes, have failed to act, thereby resulting to constitutional violations and more particularly consumer rights and discrimination," Mombis stated in court papers.

The bar owner noted that the products currently account for 80% of the alcohol sales.

Mombis has petitioned the courts to compel KRA to supply an updated list of the licensed spirits manufacturers and the directors of the companies.

Alcoholic Drinks Control Act

The Alcoholic Drinks Act prohibits the packaging of alcoholic drinks in a container of less than 250ml and also in sachets.

"No person shall sell, manufacture, pack or distribute an alcoholic drink in sachets or such other form as may be prescribed.

"Notwithstanding the provisions of subsection (1)—(a) no person shall manufacture, pack, distribute or sell an alcoholic drink in a container of less than 250 mililitre," the law reads.

It further prescribes penalties as: "A person who contravenes this section commits an offence and shall be liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both."