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Drinking before hours is not an offense, DPP clarifies

The Director of Public Prosecution (DPP) has clarified on the law governing drinking hours in the country, dismissing assumptions long held by those who like to tipple.

According to the DPP, under the Kenyan law, there is no such offense as drinking before hours.

“The offense that exists is selling before hours, not drinking before hours,” a letter signed by a Senior Prosecution Counsel (SPC) Mr Job Mulati of Eldoret states.

The DPP office in Nairobi confirmed to Nairobi News the authenticity of the letter.


In the letter, dated July 25, Mr  Mulati states that the office of the DPP had received a complaint from a man who had been charged with the offense of drinking beer before hours.

“There are High Court authorities that have invalidated that count. And it is on that premise that we don’t prefer charges relating to drinking before hours. The offense that exists is that of selling before hours not drinking before hours,” read the letter to the prosecutor in the Eldoret Chief Margistrate Court.


Mr Mulati, who is currently the deputy head of the DPP office in Eldoret, advised that the said charges be withdrawn.


“On that premise, ensure that the charges are withdrawn pursuant to section 87 (a) of CPC as we await on what can be done to the said section by relevant authorities,” concluded the letter.

Law regulating sale and consumption of alcohol are contained in the Alcoholic Drinks and Control Act of 2010 which among other things, prohibits the sale of alcohol before 5 pm on weekdays and 2 pm. on weekends and after 11 pm throughout the week.

The chief architect of the law then Naivasha MP John Mututho who now sits as the chairman of the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA).