The Ministry of Interior has criticised Bungoma County government for legalising busaa.
In March, Governor Ken Lusaka gazetted the Bungoma County Alcoholic Drinks Control Act 2015 to regulate the production, sale, distribution and consumption of traditional brews including busaa.
The governor further instructed security officers in the county to allow local residents to consume traditional brews without fear of arrest.
But Interior Principal Secretary Karanja Kibicho said it was wrong for the county to contradict the national laws that criminalise busaa.
Mr Kibicho maintained that busaa remains banned and any laws formulated by counties to allow its consumption were null and void.
"We understand that Bungoma has created a law allowing the sale and drinking of busaa. That is null and void because no county can create a law that contradicts the laws of the country," he said.
The PS asserted that busaa was still regarded as an illicit brew and as such, there was no justification for its sale and consumption.
Repeal act
He said the Act passed by the county government should be repealed as it was an illegality.
The PS maintained that the government would not relent in the fight against illicit brews, including busaa.
He said busaa must pass standard specifications for human consumption before it can be legalised.
"It must meet health, preservation and manufacturing standards, and be certified by the Kenya Bureau of Standards without which it will remain illegal," he said.
According to the county law, all that brewers and traders of busaa need to do is apply for licences from sub-county committees and get clearance certificates from public health officers before selling the brew in trading centres.
However, the law does not allow the sale of traditional brews in residential homes as has been the norm.
"The law clearly stipulates the parameters for selling traditional brews and other alcoholic beverages as well as the drinking time from 5pm to 11pm during weekdays and 2pm to 5pm on weekends," said Mr Lusaka.
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