- Justice Chacha Mwita granted the order following an application filed by Kenya Wine Agencies Limited (KWAL)
- Through advocate Peter Wanyama, KWAL told the court that they are not a backstreet manufacturer having been in the industry since 1969.
Image: FILE
Lovers of Hunters' Choice whisky and Kibao vodka have a reason to smile after the High Court stopped the intended seizure of the products from the Kenyan market by state agencies.
Justice Chacha Mwita granted the order following an application filed by Kenya Wine Agencies Limited (KWAL)
"Pending the hearing and determination of this application, an order is hereby issued stopping a Multi-agency team of Kenya Bureau of Standards, NACADA, KRA, Anti-counterfeit agency, IG police and PS Interior from seizing from the marketplace KWALs certified alcohol products," said the Judge.
KWAL manufactures Hunters Choice whisky, Kibao vodka, kingfisher, viceroy brandy, Best Cream, Best Whisky and Best Vodka. It owns depots in Nairobi, Mombasa, Equity, Nakuru, Nyeru, Kisumu and Eldoret.
Through advocate Peter Wanyama, KWAL told the court that they are not a backstreet manufacturer having been in the industry since 1969.
He explained that his client's employees and depot owners have from April been receiving verbal threats regarding the closure of the business.
The threats he said came from people allegedly identifying themselves as officer of Kebs.
Kebs is part of the multi-agency team formed by the government to crack down on illicit alcohol.
Wanyama told the court that on September 4, officers from Kebs visited distributorship outlets and seized products manufactured by KWAL.
He expressed his dissatisfaction with the agency's move saying it happened despite the government having cleared their products for sale after rigorous inspection.
Wanyama cited a letter by PS Interior dated May 14 addressed to the KWAL managing director.
The letter informed the MD that KWAL was found to be compliant and should resume production.
Despite the go-ahead, KWAL told the court that the state still decided to seize its products.
"The seizure is unlawful given that the PS gave us the green light with our manufacturing business. That decision has not been revoked," said Wanyama.
Mwita had on Monday asked Wanyama to serve his application on the responses ahead of today's hearing.
But they didn't appear in court except for the Attorney General.
"I've taken into account concerns raised and the fact that the respondents were allowed to come and address us on issues raised but they have given this day a wife Berth even after service," said Mwita.
He ultimately directed that the respondents file their responses within 14 days and parties appear on December 4 for highlighting of submissions.