KENYA – The High Court of Kenya has intervened to stop the seizure of alcoholic products manufactured by Kenya Wine Agencies Limited (KWAL) by state agencies.
This order was granted by High Court Justice Chacha Mwita after KWAL filed an application, seeking relief from what it called unlawful actions by the Kenya Bureau of Standards (Kebs).
KWAL, represented by advocate Peter Wanyama, argued that the company is a well-established entity in Kenya’s alcoholic beverage industry, having been founded in 1969.
The company produces several popular brands, including Hunter’s Choice whisky, Kibao vodka, Kingfisher, Viceroy brandy, and Best Cream, among others.
Wanyama informed the court that KWAL had been subject to verbal threats since April 2024 from individuals claiming to be Kebs officers.
These individuals, part of a multi-agency task force focused on eliminating illicit alcohol, allegedly threatened KWAL employees and distributors with the closure of their business operations.
On September 4, Kebs officers reportedly seized KWAL products from distributorship outlets, a move Wanyama contested as illegal.
He argued that KWAL had been cleared by the government to continue production after a comprehensive inspection.
A letter dated May 14 from the Principal Secretary of the Interior confirmed that KWAL was compliant and permitted to resume its operations, following a temporary revocation of licenses for second-generation alcohol manufacturers as part of the government’s crackdown on illicit brews.
“The seizure is unlawful given that the PS granted us the green light for our manufacturing business. That decision has not been revoked,” Wanyama said in court.
Justice Mwita, noting that only the Attorney General appeared for the hearing, remarked, “I’ve considered the concerns raised and noted that the respondents had the opportunity to address us but failed to appear.”
The court directed the respondents to file their responses within 14 days and set a follow-up hearing for December 4 to review submissions.
In May 2024, the government announced its intention to sell its 0.1 percent shareholding in Kenya Wine Agencies Limited (KWAL), the subsidiary owned by KHEAL.
The Privatisation Authority extended invitations to both local and foreign investors to bid for the stakes, marking a significant shift from the government’s existing partnership with Heineken Beverages, which holds the majority stake.
Kwal Holdings East Africa Limited, formerly a 100 percent parastatal owned by KDC, embarked on a divestiture process in 2014 with the sale of an initial 26 percent stake to Distell Group, marking a pivotal transition to private ownership.
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