Bar Owners Seek Review of Mututho Laws, Cite Heavy Losses, Restrictive Operating Hours
By Elijah Cherutich
Bar and hotel operators have called for a review of laws regulating alcohol sales, saying restrictive operating hours, high licensing fees and stringent enforcement have forced many establishments out of business.
The Bar, Hotels and Liquor Traders Association (BHALITA) says the operating hours prescribed under the regulations commonly known as the Mututho laws have adversely affected businesses, threatening thousands of livelihoods across the country.
Speaking during the association’s annual general meeting in Nakuru, BHALITA Secretary-General Boniface Gachoka said the restrictions, which he cited as allowing operations between 5pm and 11pm, had undermined the financial viability of many establishments.
He said traders had suffered substantial losses following repeated enforcement operations by security agencies, with some businesses struggling to remain afloat.
Gachoka also claimed that an association survey had established that 30 percent of people incarcerated in Kenyan prisons were serving sentences arising from the enforcement of alcohol-related operating hours.
However, the association did not provide details of the survey or independent evidence to substantiate the claim.
The secretary-general urged Parliament to support proposed legislative amendments aimed at addressing what he described as longstanding injustices against alcohol traders and creating a more favorable business environment.
He appealed to President William Ruto to intervene, saying the association’s 54,000 members needed government support to protect their investments and livelihoods.
“Mr. President, here we have 54,000 traders, we are pleading for intervention and support to ensure that we have a better policy framework because we have suffered a lot. We are grateful that you have given us the opportunity to work closely with the deputy president Kithure Kindiki to look into the issues around the sector”, he said.
Gachoka said the association was optimistic that engagement with Deputy President Kithure Kindiki would help address regulatory challenges that have affected the hospitality and liquor trade for years.
He maintained that reforms should strike a balance between regulating alcohol consumption and protecting legitimate businesses that contribute to employment creation and government revenue.
BHALITA National Chairman Simon Njoroge separately raised concerns over what he termed excessive licensing fees imposed by county governments.
Njoroge said bar and hotel operators were subjected to disproportionately high charges compared with traders in other sectors, increasing operational costs and reducing profitability.
He urged governors across the 47 counties to consider granting liquor traders a waiver of up to 50 percent on licensing fees to ease the financial burden and help struggling establishments remain operational.
According to Njoroge, reducing licensing costs would provide much-needed relief to businesses already grappling with restrictive operating hours and other regulatory requirements.
The association also expressed concern over the proliferation of illicit alcohol, particularly products allegedly manufactured using illegally imported ethanol.
Gachoka claimed that criminal networks had exploited weaknesses in border surveillance and enforcement to smuggle ethanol into the country, posing a threat to consumers and legitimate alcohol traders.
He called on security agencies to intensify surveillance and take decisive action against those involved in the illegal trade.
The association said stronger enforcement against illicit alcohol, alongside reforms to licensing and operating regulations, would help protect consumers while ensuring legitimate businesses operate in a fair and competitive environment.
The traders’ demands come amid renewed government efforts to curb the production, distribution and consumption of illicit alcohol, which authorities have identified as a major public health and security concern.
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