Government hands Nacada power to enforce laws on alcohol abuse
Interior Cabinet Secretary Prof. Kithure Kindiki has reinforced the legal authority of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to uphold the Alcoholic Drinks Control Act (ADCA), 2010, and the NACADA Act, 2012.
This enhancement comes after the official designation of Authorized Officers as mandated by the two statutes.
Consequently, NACADA’s Authorized officers are now empowered to enter any premises at a reasonable time where there is reasonable belief that individuals are violating the provisions of the law.
In response to this development, Dr. Anthony Omerikwa, the CEO of NACADA, expressed that this advancement will enable the Authority to carry out its compliance and enforcement responsibilities within a legally binding framework.
“I want to sincerely extend the Authority’s gratitude to the Cabinet Secretary, Ministry of Interior, and National Administration for this affirmation of the government’s steadfast support to the campaign against alcohol and drug abuse in the country. This now means that NACADA can fully implement its supply suppression strategies confidently with the full backing of the law. These are some of the teething problems that have been acting as stumbling blocks to the effective implementation of our mandate but I am glad that we are now past that,” said Omerikwa.
In accordance with Section 52 of the Alcoholic Drinks Control Act (ADCA) of 2010, during the inspection of any location, an authorized officer is empowered to: inspect an alcoholic beverage or any item mentioned in the section, and request any individual in the premises to present, in the manner and format specified by the officer, the alcoholic drink or item for examination.
Moreover, the authorized officer has the authority to: open or instruct individuals in the location to open any container or package discovered in the premises, provided the officer has reasonable grounds to believe it contains the alcoholic drink or item; perform any test, analysis, or measurements as deemed necessary.
“This is welcome news for us, especially at this time when we are heading to the festive season. I want to assure the public that moving forward, we shall do things differently to ensure that the law is followed as expected. We are also calling on all stakeholders in the alcoholic drinks space to play within the rules to avoid legal action,” added Omerikwa.
In a gazette notice released on Friday, December 1st, 2023, the Cabinet Secretary has enumerated the individuals who, with the consent of a resident or under the authorization of a warrant issued by a magistrate or judge of the High Court, are permitted to enter and inspect a residential dwelling. The law explicitly stipulates that such entries are restricted to the timeframe between six o’clock in the forenoon and six o’clock in the afternoon on any given day of the week.
The legislation further specifies that officers from the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), when executing a warrant, are prohibited from using force unless accompanied by a police officer, and such use of force must be explicitly sanctioned in the warrant. In order to facilitate the proper discharge of their duties, the law prohibits any obstruction, hindrance, or knowingly making false or misleading statements to an authorized officer engaged in their duties.
Previously, NACADA had to rely on officers from the National Police Service to enforce its regulations. The recent development grants operational autonomy to officers of the Authority, allowing them to seek assistance from police officers only when deemed necessary.
