Following the destruction of the liquor consignment in Karatina last week which was led by Mathira Member of Parliament and Nyeri Senator, the brand owners have filed a suit for malicious damage of properties and defamation.
This comes past few weeks after the war against illicit alcohol commenced in the Central Region following the death of more than 20 people in Kirinyaga two weeks ago after consuming illicit brew where several others lost their eyesight.
Patiala Distillers who are the brand owners of the consignment that was destroyed by the group of women who were led by Mathira Member of Parliament Eric Wamumbi and Nyeri Senator Wahome Wamatinga disregards the act citing that they are licensed to operate the company bearing all the legal requirements.
The consignment was confiscated from the Patiala distributor Karatina branch where the police conducted an operation and claimed two among other brands from the company are illicit.
The two brands Flying Horse and Diamond Ice were said not to be licensed and hence not fit for human consumption and they were confiscated and held at Subcounty District Headquarters.
According to the letter served to IPOA, the company on February 20, 2024, supplied 400 cartons of Diamond Ice and 1000 cartons of Flying Horse
The owners of the brands were sermoned to respond to the allegations of selling unlicensed products and they provided the police with all necessary government requirements to prove their Innocence.
They provided them with the license of operation, certificate of Kenya Bureau of Standards, and certificate from Kenya Revenue Authority where they disregarded the same and the samples from the two brands were taken to the government chemist to prove the brands were not illicit.
Even before the results were released by the government, the two legislatures led a group of armed women into the police station and accessed the store where the consignment was without any breakage, removed the consignment while police were watching and it was destroyed.
The lawyer representing the company Danstan Omari said his client is guarded by the law he is operating legally and all the products they produce are tested and KEBS affirms to be safe for human consumption,
“The company started it’s operation in 2009 where the owner invested billions of shillings in the plant and it is legally complying with the requirements of the company’s act together with relevant bodies,” said Omari.
The lawyer said the act was illegal the two lawmakers proved the highest degree of ignorance of the law since they could have waited for the results from the government and if their allegations that the two brands were illicit then the government would take legal action against the company,
“We do not support the selling of illicit brew to the citizens and we totally support the erradication of it but let not this be taken as an advantage to the business rivals who want to eliminate other businesses for their personal gain,” stated Omari.
The lawyer also said that the government assured the private investors to safeguard their businesses for taking part in generating employment for the citizens and the economy in general through the collection of taxes.
The company which is situated at Mlolongo, Mavoko sub-county in Machakos County has employed 300 permanent workers and 250 casual workers daily has led to the development in the area.
The company has also sued for defamation and injury where irreversible damage was caused to their products and has negatively affected the company,
“Everybody now believes that Patiala Distillers are makers of illicit brew especially the two stated brands Flying Horse and Diamond Vodka,” Omari said.
The lawyer also stated that they have written a complaint to the International Policing Oversight Authority for the officers specifically in the Mathira constituency to be investigated.
He further added that they have written to the Ethics and Anti-Corruption Commission to carry the Investigation on the matter and forwarded the same to the Speaker of the National Assembly and the Senate for the two legislatures to be investigated.
Mr. Omari further stated that the company is licensed to operate its business in all counties within the country not the exception of the Central region where he said the war against fighting illicit brew has now turned out to be political due to business rivalry.
The directors and owners of the company up to date are yet taken to court after the allegations of selling unlicensed alcohol if at all the allegations are true.
According to the eyewitness from the People Daily newspaper who visited the company on Tuesday, Patiala Distillers is registered with the company’s act and has the relevant certificates of operation and it is bound with KEBS for the fitness of their drinks and it liars with KRA for tax purposes.