No warning, no tipple: Why lawyer has sued Health Ministry, brewers

 

A woman walks past a man overwhelmed after consumption of alcohol. [File, Standard]

During the ongoing festive season, many Kenyans opt for well-brewed and aged alcohol to wet their throats as they make merry.

Some choose gin or seek the thrill of whisky. Those with a taste for the Caribbean pour rum into their glasses, while vodka appeals to those feeling a Russian touch, and tequila to those in search of a Mexican flair. Others opt for beer or cider, while proponents of fine dining settle for wine.

But a lawyer now wants to end the party. Clifford Odhiambo Onyango, in a case filed before the High Court, argues that ethyl-based alcoholic drinks not only dent consumers’ pockets but also erode their health, sometimes to the point of death.

Odhiambo has sued the Ministry of Health, the Kenya Bureau of Standards, the National Campaign Against Drug Abuse Authority, East African Breweries, Keroche Breweries, Kenya Wine Agencies Limited, London Distillers Kenya, Wow Beverages, Dion Wines and Spirits East Africa, and 245 Brewing Company.

He claims that the World Health Organisation has already established that consumption of ethyl-based alcohol increases the risk of several cancers, including breast cancer in women, as well as colorectal, oesophageal, liver, mouth, throat and laryngeal cancers. 

“Consumption of ethyl alcohol, commonly known as ethanol alcohol is astonishingly linked to an estimated four per cent of all new cancers globally. These cancers cause a staggering number of deaths yearly and globally,” he claims.

According to Odhiambo, Director General of Health Dr Patrick Amoth stated in a speech during the launch of the National Cancer Strategy (2023–2027) that curbing tobacco and alcohol use is among the measures the government plans to introduce to reduce cancer cases in the country.

He also accuses intoxicated men and women of contributing to accidents across the country.

“Public consumption of alcoholic beverages affects other persons’ right to life under Article 26 of the Constitution through road accidents caused by drunk driving. This consumption is driven by false advertising about the qualities or benefits of alcoholic beverages, unregulated sales and access, among other factors,” Odhiambo argues.

Kenya ranks 32nd in Africa in terms of alcohol consumption. Data from the World Bank indicates that total alcohol consumption per person in Kenya stands at around 2.5 litres, with consumption more prevalent in wealthy, urban settings.

Odhiambo wants the court to order that alcoholic beverages should not be sold without sufficient warnings about cancer risks, and to issue a declaration that such products threaten the existence of families. He further argues that consumers harmed by alcohol use should be compensated.

He states that although the government and alcohol manufacturers advocate for moderate drinking, the reality on the ground is different. He argues that there is a policy vacuum on how many tots or bottles constitute unsafe consumption. 

“While the fourth to tenth respondents prefer moderate consumption of their alcoholic beverages, the Ministry of Health’s national guidelines on healthy diets and physical activity caution against any consumption of alcoholic beverages and do not set any recommended amount,” he says.

Onyango maintains that his case is not intended to destroy the alcohol industry, noting that the ecosystem employs millions of Kenyans directly and indirectly while contributing billions of shillings in taxes to the government.

Nevertheless, he argues that alcohol manufacturers and regulators contribute to a growing health crisis.

“Their corporate responsibility to ensure that consumers are not harmed by their products, or alternatively to provide sufficient warnings about the potential harm to health, safety and finances, is guaranteed under Article 46 of the Constitution,” Onyango argues.