Where were you when Mututho got his Act together?

Ahmednasir Abdullahi has stated that the Mututho Act is unconstitutional - you cannot control how an adult person will act if his actions do not endanger anyone but himself. It is his right to drink and he will be damned if some uppity lawmaker will decide for him how and when he can do so or for how long. It was just a matter of time before the lawyers got involved.

I am on record as agreeing with the Alcohol Control Act and its objectives. I am appalled that grown men and women, and a few juveniles, are incapable of imbibing without going ape-shit. How many times have we run into people intoxicate beyond belief, making arses of themselves and generally raising seven kinds of hell, putting others not just off, but in danger for their lives. Many bar brawls have been prosecuted because the intoxicated are incapable of moderating their behavior or their inner beasts. It used to be that parents could not bring their offspring to the pub, no matter how inviting it looked or the presence of myriad bouncing castles in the place. It just was not done. remember those days when 'bar and restaurants' used to have a participation with the homily 'no entry to under 18 on the partition'? Mututho's law is proof positive that the majority of beer-drinkers have allowed an undisciplined minority to take over the social space and it is now up to the over-reaching arm of the state to step in and bring back some sanity, if that is possible.

Until we can agree on some basics, it is irrelevant whether the Act is amended or repealed or struck down for its unconstitutionality. Regardless of how much we love our favourite tipple, we must agree that pubs that play loud music and stay open throughout the night are not supposed to be located in residential areas. Regardless of how mature junior seems, it is improper to allow him and his equally immature 'date' to partake of a few down at the local. Regardless of the commercial rights involved, alcohols should not be sold in places where the little ones can see or access. Regardless of how much he is the life of the party, no one should be allowed to get so intoxicated as to be incorrigible or belligerent to the point that he is a danger to himself, and more importantly, to you or me. And regardless of your map-reading and navigation skills, once past a certain point of intoxication, you should not be allowed behind the wheel of an automobile; death awaits you and other road users if you do. If we cannot agree on these simple accommodations, then regardless of the provisions of the Act, we will continue to watch as our nations degenerates further into incivility and anarchy.

The Mututho Act, as with other controversial legislations, was proposed, debated and passed without our participation. When Michael Joseph noted our 'peculiar calling habits', he should have also noted on our 'peculiar civil habits'. We hate to participate in enlightened debate on matters that affect us. We let the debate be conducted and managed by those hyenas in the national Assembly, and then cry 'foul' when they do something that offends us. The few Mwalimu Matis and Maina Kiais among us are like the little boy keeping back the Southern Sea with his finger in the dam in that Nordic Tale. When will we wake up to the fact that if we do not take part in public debate, we cannot claim that we have been deceived? You cannot just leave your civic duty to voting in general elections alone; you must make a point of getting involved in the debate about issues that affect you, your community, your village, and yes, your beer.

While I see merit in Mr. Abdullahi's onslaught against the Mututho Act, he misses the point when he lays the blame only on the overreaching Legislature. Where was he when the Bill made its way through Parliament? Given his propensity to publicity, he should have at least attempted to write an open letter to his MP, urging him to consider the potential constitutional implications of the Bill. So should all of those who are aghast at its provisions, frankly. Now that it is law, we are engaging in another of our peculiar behaviours - blaming everyone else other than ourselves for allowing this law to come into force. Instead of bemoaning the 'loss of freedoms' that we are suffering currently, we should write our MP to propose amendments or outright repeal of the law. That will demonstrate more powerfully than the words of the lazy that we mean business when it comes to how, when and how much we can drink. Otherwise, we should all just shut up and move on.