Kenya’s Bold Alcohol and Drug Policy Faces Legal Hurdles Before Enforcement

Nairobi, Kenya – August 1, 2025 — The Kenyan government has unveiled an ambitious national policy aimed at tackling the country’s growing alcohol and substance abuse crisis—but full implementation remains stalled pending public participation and enabling legislation.

The National Policy for the Prevention, Management, and Control of Alcohol, Drugs and Substance Use (2025) was approved by Cabinet in June and publicly released by the Ministry of Interior and the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA). The framework proposes sweeping changes to Kenya’s alcohol landscape—including age restrictions, location bans, and advertising crackdowns—but currently lacks the force of law.

Key Proposals Under the Policy

The policy introduces a host of new restrictions designed to limit access to alcohol and drugs, especially among youth and vulnerable groups:

• Raise the legal drinking age from 18 to 21 years, aligning with global public health recommendations.

• Ban alcohol sales and consumption within 300 metres of schools, religious institutions, hospitals, and government offices.

• Prohibit liquor sales in supermarkets, restaurants, petrol stations, toy shops, hawking stalls, and via online platforms or couriers.

• Outlaw alcohol sales at public events involving children.

• Tighten advertising regulations: bans on celebrity/influencer endorsements, social media promotions, and all youth-targeted marketing content.

• Mandate clear health warnings and full ingredient labeling on all alcoholic packaging, and ban all containers below 250ml in volume.

• Restrict licensing in residential areas and public spaces, including parks, sports venues, and transport terminals.

NACADA Chairperson Rev. Dr. Stephen Mairori emphasized that the policy targets what officials describe as “the normalization and glamorization of alcohol consumption” in Kenyan society.

“This policy is a turning point. We’re prioritizing public health over profit,” said Mairori at the launch event in Nairobi.

Policy vs Law: What’s the Hold-Up?

Despite its urgency and high-level backing, the policy is not yet enforceable. Experts note that its transformative proposals must be backed by specific legislative amendments to the Alcoholic Drinks Control Act (2010) and related statutes. Additionally, the Constitution mandates public participation in lawmaking—a step that has yet to be completed.

Parliament will need to debate and pass an enabling law to give the policy legal effect. Stakeholders—including county governments, the hospitality sector, digital marketers, and public health advocates—must be consulted before regulatory changes can be adopted.

“The policy is a statement of intent. For it to become law, we need a comprehensive Alcohol Control Bill backed by public consensus,” said constitutional lawyer Steve Ogolla.

Alcohol-Related Harm in Kenya

According to NACADA’s 2024 survey of 15,000 university students:

• Over 87% had consumed alcohol in the past 12 months.

• Alcohol was the most abused substance nationwide, followed by bhang and prescription drugs.

• High rates of binge drinking were reported among youth aged 19–25, especially in urban areas.

NACADA also estimates that excessive alcohol use contributes to:

• 30% of road accidents,

• 25% of gender-based violence cases, and

• rising mental health issues across the country.

Mixed Reactions from the Public and Industry

Retailers and restaurant owners have criticized the proposal to ban supermarket and restaurant alcohol sales, warning of job losses and reduced tax revenue.

Online platforms, delivery services, and influencers have expressed concern over the crackdown on digital marketing and endorsement deals.

Conversely, faith leaders, parent associations, and public health groups have lauded the policy, calling it a long-overdue step toward protecting youth from addiction and poverty-linked alcohol abuse.

What Comes Next

Bottom Line

Kenya’s new alcohol and drug control policy represents a bold shift in prioritizing health and social protection over commercial convenience—but without swift legislative action and inclusive consultation, its life-changing provisions remain legally dormant.