This archive report was first published on 26 June 2021.
On June 26, 2021, Justus Mombis, a Kenyan bar owner, took the Kenya Revenue Authority (KRA) to court over the sale of 250ml alcohol at Sh150.
According to Mombis, the sale of these beverages does not adhere to the taxation requirements of the law, and the packaging quantities also contravene the law.
The bar owner claims that failure to enforce the standard requirements by KRA has led to loss of revenues for him and fellow bar owners.
"There has been massive losses of revenue due to the government whereas the bodies mandated to seal the loopholes through which tax cheats evade payment of taxes, have failed to act, thereby resulting to constitutional violations and more particularly consumer rights and discrimination," Mombis stated in court papers.
The Alcoholic Drinks Control Act prohibits the packaging of alcoholic drinks in a container of less than 250ml and also in sachets.
"No person shall sell, manufacture, pack or distribute an alcoholic drink in sachets or such other form as may be prescribed," the law reads.
It further prescribes penalties for contravening this section, including a fine not exceeding Sh50,000 or imprisonment for a term not exceeding six months, or both.
