By Dr. Paul Ogendi
In the recently released The Public Health (COVID-19 Sale of Alcoholic Drinks) Rules, 2020 developed under the Public Health Act (Cap. 242), The Cabinet Secretary for Health, Mutahi Kagwe, issued a number of guidelines that would have far reaching impact on the fight against the COVID-19 pandemic. Some of the measures proposed in the new rules include that: alcoholic drinks shall not be sold to sit-in customers at restaurants, eateries, bars, food courts, entertainment joints, supermarkets, wines & spirits shops or in any other business establishment (r. 3(1)); and a person shall not consume any alcoholic drink in a public place including a public park, restaurant, parking lot, eatery, bar, entertainment joint, supermarkets or wines and spirits shop (r. 5(1)).
The rules provide for penalties and anyone found violating the above rules commits an offence and on conviction shall be liable to a fine not exceeding twenty thousand shillings or to imprisonment for a period not exceeding six months pursuant to rule 6.
From the above, it appears that the Cabinet Secretary has banned the selling and consumption of alcoholic drinks in almost every public place imaginable except the private home. The rules however do not prohibit the selling of alcohol on a take away basis to customers. Indeed, the relevant rule in this regard is rule 4, which provides that
‘[a]ny business establishment that sells alcohol shall operate between 9.00 am and 7.30 pm meaning that one can actually purchase alcohol and take it home or somewhere else private.’
In following the spirit of the above rules, some counties like the Kiambu County through their Govenor, Governor James Nyoro, has gone a step further to order the closure of all wines and spirits outlets within two days on 21 July 2020. Other counties are expected to put in place similar rules as the COVID-19 cases continue to soar in the country.
The rules, however, have been met with mixed reactions by the general public with some citizens and businessmen crying foul. Until recently, it was normal to find customers consuming alcoholic beverages in restaurants and other places including parking lots as long as they observed social distance and hygiene standards. Following the rules, it would be almost impossible to see a similar situation all over the country.
The question that arises is: why are the new rules on alcohol ban important? First, the Cabinet Secretary has not done a good job in explaining the rational for putting in place these rules. Indeed, many people are still in the dark as to the intended purpose of these rules. It is therefore expected that without a clear understanding, these rules will be flouted or, like it has been revealed in the media, people will find ways to ‘beat the system’.
In fact, the rationale for these rules only became apparent to me after I attended the inaugural webinar organized by the Centre for Human Rights on 22 July 2020, dubbed: ‘Mandela Talks – COVID-19: Are we getting the right balance’. The webinar focused on many issues relating to COVID 19 and human rights. The issue of alcohol ban in South Africa arose. In the ensuing discussion, one of the moderators explained that the rationale for banning the sale and consumption of alcohol in South Africa was to reduce the number of emergency cases requiring hospitalization as a result of or related to alcohol consumption.
Since banning alcohol in South Africa in March 2020, statistics show that it has achieved positive results in terms of reduced murders, violent crimes as well as traffic accidents. The result is, therefore, that there are more beds available for admitting COVID-19 patients than would have been available if the alcohol ban was not in place. In my view, this is perhaps the reason why Kenya is implementing the same measures as South Africa.
It is important to note that the manner in which the government has been putting in place COVID-19 measures leaves a lot to be desired. There is often no or very minimal consultations with the public. Secondly, the measures in place are not properly communicated to the public or appropriate education done so as to promote public support. Indeed, the government has complained of people not following the regulations in place to curb COVID-19 pandemic. This is arguably because of the reasons explained above.
It is, therefore, incumbent that when new measures are put in place appropriate communication is delivered in order to promote buy-in into the idea and avoid resistance. It is important that the government include social workers and communication experts in order to explain to the citizens the rationale behind their decisions. Failure to do so would mean that many of the measures being employed will be ignored and the pandemic will blow out of hand. Investing in public consultations and education is, therefore, key in curbing the present COVID 19 pandemic.
According to the World Health Organization, between 3,000 and 13,000 Kenyans lose their lives in road traffic crashes every year and one of the factors that contribute to this is alcohol consumption. In a paper published in 2018 by Gathecha and others entitled ‘Prevalence and predictors of injuries in Kenya: findings from the national STEPs survey’, it was found that alcohol was one of the main contributors to injuries.
Indeed, NTSA has established that drunk driving, speeding and low level of awareness on road safety are the main contributors of accidents. Many other cases of violence including gender-based violence and sexual violence have also been caused by alcohol consumption. The expected result is that if alcohol is banned then many beds will remain free for occupation by persons who are suffering from COVID-19, as opposed to alcohol-related casualties.
The situation being promoted is important especially if one looks at the context in which the health system currently operates. In a situation where hospital beds are limited and ICU care units are few and far apart, this ban should be welcomed rather than fought. Already, there are reports that most hospital beds and ICU are to capacity.
If you must, please drink at home and avoid applying unnecessary pressure on the health system in the country, which is already undergoing the most severe strain as a result of the COVID-19 pandemic. The situation is expected to get worse before it can get better.
Dr. Paul Ogendi is a Lecturer at the University of Nairobi School of Law, Kisumu Campus.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the policy or position of the University of Nairobi.
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