Impediments to the Actualization of Legislation on Local Brew in Kenya: a Study within the Kenya-Uganda Border Community, Busia County

Abstract

Despite the aggressive efforts by the legislators and the moralists to demonize local brew in Kenya, Chang’aa and busaa have withstood all the suppression and they remain the most preferred alcoholic drinks for rural and lower class citizens. This study made an inquiry into the challenges facing the implementation of local brew policies, with specific focus on the Alcoholic Drinks Control Act, 2010 and the County Alcoholic Drinks Control Act which is currently being adopted by the counties across Kenya. The study area was unique in the sense that it strategically links Kenya and Uganda and there are deep intricacies in relation to cross border relations. No such study has been conducted in a local community along the Kenya-Uganda border with a long history of local brewing in the western parts of Kenya. The study data was collected from 60 local brewers using questionnaires. Personal interviews were used in gathering data from key informants that included 10 police officers and 10 national administrators. The study found major pitfalls both in the design and implementation of the policies on local brew. The study revealed that the major policy implementation challenges are related to influence from traditions, skewed implementation and coordination measures, inadequate implementation resources, poor conduct of the implementing officers, poor court practices and increased smuggling of sub-standard brew from Uganda. The police are some of the beneficiaries of local brew illegalization efforts since they fleece money from the gullible local brewers. The study recommended that local brew should be legalized and standardized because the current prohibition efforts only benefit Ugandan economy and promote the growth of the black market at the Kenya-Uganda border. There is a need for more investment on the socioeconomic aspects of life that more often lure people to local brewing. The study findings challenge the government to consider meditating upon the realities on the ground before prohibiting local brew.

Keywords: Actualization,  Legislation, Policy, Public Participation

DOI: 10.7176/JLPG/109-08

Publication date:May 31^st 2021