Danstan Omari Leads Legal Action: Alcohol Distiller Sues KEBS Over Certificate Cancellation

 

  • Patiala Distillers Kenya Limited, who are the brand owners, through their lawyers led by Danstan Omari, has filed a suit in the high court seeking orders to suspend the decisions made by KEBS for lacking authenticity.

  • The lawyer is seeking conservatory orders saying that KEBS has failed to comply with the rules of natural justice.

  • He stated that the organization is operating on hearsay because it can determine whether the allegations of producing sub-standard drinks are supplied to the Kenyans for consumption.

“The organization have laboratories and could have taken the samples and determined whether the the said brands meet the quality standard that KEBS sets.” Said Omari.

Cancellation of production of the brands is an infringement of justice because the company cooperated in the year 2009 when the owner spent more than Sh 30 billion on the plant, besides the company being a source of living for thousands of Kenyans.

Among the brands whose licences were cancelled are the Flying Horse and Diamond Ice.

Speaking to journalists at Milimani law court on Wednesday, the lawyer said that KEBS does not have anybody who has died or been injured or victims whom they can associate with to justify their actions,

“KEBS does not operate with rumours to produce anonymous complaint since they are equipped with necessary equipment to justify any claim,” said Omari.

Mr Omari said that the war against illicit brew should not involve political and business rivalry because there had been political pleas from those who wanted the company to shift shares to them.

Prior to the cancellation, on February 21, 2024, Karatina Patiala Distillers distributor’s store was invaded by police. It confiscated a consignment composed of two brands from the company. It was held in police custody where later, the area member of parliament, Eric Wamumbi and Nyeri Senator Wahome Wamatinga led a group of women who destroyed the consignment in the eyes of the police.

The company is demanding a court to order the Inspector General of Police and the Director of Public Prosecution (DPP) to prosecute Mathira Member of Parliament Eric Wamumbi and Nyeri Senator Wahome Wamatinga for leading armed women to destroy the consignment, which was in the hands of police.

The samples from the consignment, which was composed of two brands, were taken by KEBS for verification of whether the brands met the set standards and taken to their laboratories, but the two legislatures maliciously destroyed the same before the release of results,

“KEBS is mandated to check the quality of products in the market and to justify whether they meet the set standards, but they are not supposed to rely on rumours,” insisted the lawyer.

Other defendants who are included in the suit are the Attorney General, Inspector General of Police, Commissioner General, Kenya Revenue Authority, and Chief Executive Officer of the National Authority for the Campaign Against Alcohol and Drug Abuse.