Mututho is a hero

Friday, 26th November, 2010, will be a day to be remembered in the war against alcohol addiction. John Mututho will witness the apogee of his baby, the Alcohol Control Act, and alcohol consumers across the nation will weep into their favourite tipple as the days of 'gari inajua njia' come to an end. Some of the provisions of the Act are designed to kill certain portions of the alcoholic beverages industry such as the chang'aa, muratina and karubu dens that dot our 'informal' settlements across the Capital, indeed across the nation. After the losses of human life that have been traced to these establishments, this should not come as a shock to the purveyors of what the government describes as illicit brews. There comes a time in any situation when the State must step in to ensure that its citizenry are protected, even from themselves. John Mututho seems to think that that time is now.

My favourite provisions relate to the question of access by under-age persons. Bars and alcohol outlets shall not be located within 300 metres of a school. Alcohol shall be sold only on proof of age of majority. Under-age persons are not allowed into establishments where alcohol is for sale. Advertising for alcohol shall be restricted to times when under-age persons are asleep or to areas where they are unable to witness them. All this is to the benefit of the youngsters who style themselves as 'grown up'. I especially like the idea that a person who knowingly sells alcohol to an under-age person is liable to a stiff fine or a jail term or both.

I think Hon. Mututho's intentions were honourable. He wants to see children and other vulnerable persons achieve their potential without suffering the risk of alcohol-induced lethargy. It is irrelevant that he seems to want to see the Act enforced in his native Central Kenya; he is after all a Member of Parliament from the area. This is the role of politicians - to try their level best to improve the lot of their constituents even when they are convinced that a vice is good for them. If MPs from my native Ukambani took the same stance as Hon. Mututho regarding the challenges faced by my people, then I would consider Hon. Mututho's example to be a success. That he spent a significant proportion of his personal fortune to shepherd the Bill through the national Assembly tells me that, despite his personal politics (which I find abhorrent, to say the least) Hon. Mututho has laid a challenge for other MPs to emulate. It should be about service to your constituents and not service to self as most of our representatives seem to assume. Hon. Mututho should be hailed as a hero for the mothers, wives and employers of men, women and children who have become hostages of drink.

A word of warning is warranted though. In Kenya, we have some of the best-drafted laws in the world. There are officers at the Kenya Revenue Authority who are convinced that our revenue collection machinery and system is the best in the world, and they could very well be right. Our Alcohol Control Act is a good law, despite the objections of beer-manufacturers. Like other institutions, they do not want to change with the changing norms and mores of their customers. But, we should take note that the enforcement of this law will depend to a great extent on our police service and it has proven time and again to be the most corrupt of all institutions and this Act may be an opportunity for them to 'eat' like never before. Considering that this law will begin its life around the festive Christmas holidays, when many holiday-makers are looking forward to unwinding after a grueling year, the opportunities for petty corruption are many and it will take the vigilance of right thinking Kenyans to prevent the abuse of this law, just as it is meant to prevent the abuse of alcohol. 

This is an opportunity for the manufacturers of alcoholic beverages, law-enforcement agencies and the public to join hands to ensure that while every Kenyan has the right to enjoy his favourite drink, the situation does not degenerate into a war of wills among them. In the end, mature Kenyans must enjoy their drink, manufacturers must be allowed to market to them and the law enforcers must enforce the law wisely and fairly.