The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has unveiled new proposals that are so restrictive they risk backfiring spectacularly.
The proposals to raise the legal drinking age to 21, ban of sales of alcohol near schools and places of worship, and the banning of all digital alcohol sales are a misguided step that threatens to harm the economy, infringe on adult freedoms, and ultimately fail to address the root causes of substance abuse.
While curbing underage drinking is important, the proposals by NACADA are a step in the wrong direction.
The proposal to raise the legal drinking age from 18 to 21 is fundamentally at odds with the Kenyan Constitution’s definition of adulthood. At 18, a Kenyan citizen can vote, sign legally binding contracts, marry, and serve in the military. To grant them these profound responsibilities while denying them the right to purchase a legal beverage creates a state of legal hypocrisy. Are they an adult, or are they not?
History has repeatedly shown that such restrictions do not eliminate consumption, they merely drive it underground. Instead of drinking in licensed, regulated establishments that are required to check IDs and can be held accountable, young adults aged 18-20 will be pushed into unregulated house parties and illicit dens where there may be counterfeit alcohol.
The proposed ban on selling alcohol within 500 metres of schools and places of worship is a blunt instrument that would devastate thousands of legitimate businesses. In densely populated urban areas, a 500-metre radius is a big space. This rule would force countless compliant supermarkets, hotels, bars and restaurants, many of which have operated responsibly for years, to either shut down or overhaul their business model, leading to massive job losses.
This geographical ban is not a solution. It assumes a physical barrier will deter a determined individual. The focus should not be on punishing businesses based on their location, but on the strict and unwavering enforcement of existing laws that forbid selling alcohol to minors.
Perhaps the most regressive proposal is the complete ban on digital alcohol sales, including app-based deliveries. This move is a direct assault on Kenya’s burgeoning e-commerce sector. It punishes innovative companies that have invested in creating convenient, modern services for responsible adults.
Furthermore, this ban will not stop digital sales of alcohol, it will simply shift them from traceable, tax-paying platforms to an unregulated black market on WhatsApp and Telegram, where age verification is non-existent and the risk of counterfeit products is high. It is a policy that sacrifices a growing segment of the formal economy for an outcome that will likely make the problem worse.
A more effective strategy would be to focus on two key areas: education and enforcement. NACADA should champion massive public awareness campaigns on responsible consumption, aimed at all age groups.
Simultaneously, the Kenyan Government must empower law enforcement to rigorously enforce existing laws. This means consistent, nationwide crackdowns on establishments that sell to minors and holding them accountable with severe penalties. Partnering with the industry on self-regulation and promoting a culture of responsibility would yield far better results than policies that treat adults like children and cripple the economy we rely on to create opportunities for our youth.