The order came following a legal application by Kenya Wine Agencies Limited (KWAL), the manufacturer of the popular beverages.
Justice Chacha Mwita issued the ruling, halting a multi-agency crackdown led by the Kenya Bureau of Standards (KEBS), NACADA, the Kenya Revenue Authority (KRA), the Anti-Counterfeit Agency, the Inspector General of Police, and the Ministry of Interior’s Principal Secretary.
The agencies had been targeting KWAL’s alcohol products as part of a broader operation against illicit liquor.
“Pending the hearing and determination of this application, an order is hereby issued stopping the multi-agency team from seizing KWAL’s certified alcohol products,” Justice Mwita ruled.
KWAL, which has been in operation since 1969, produces a wide range of alcoholic beverages, including Hunters’ Choice whisky, Kibao vodka, Kingfisher, Viceroy brandy, and Best Cream.
The company, represented by advocate Peter Wanyama, argued in court that its operations are fully compliant with industry standards and that the recent actions by the state agencies were unjustified.
Wanyama told the court that since April, KWAL employees and depot owners had been receiving verbal threats of closure from individuals claiming to be KEBS officers.
Despite assurances from the Ministry of Interior that KWAL was compliant with regulations, these threats culminated in the September 4 seizure of KWAL products by KEBS officials.
The company cited a letter dated May 14 from the Principal Secretary of Interior, which had cleared KWAL to continue production after rigorous inspections confirmed compliance with government standards.
“The seizure is unlawful given that the PS gave us the green light to continue operations. That decision has not been revoked,” Wanyama argued.
Despite being summoned to respond, none of the state agencies except the Attorney General appeared in court.
Justice Mwita expressed concern over their absence, noting, “The respondents were allowed the opportunity to address us, but they have failed to appear.”
The court has directed the respondents to file their responses within 14 days, with the next hearing scheduled for December 4, where submissions will be highlighted.