As reported in the Business Daily earlier this week, the Court of Appeal dismissed an appeal by beer maker East African Breweries Limited (EABL) challenging a law passed a few years ago requiring health warning messages to beer bottles.
The Honourable Court found nothing wrong with the law because there was a need to protect consumers of alcoholic beverages according to Article 46 of the Constitution on Consumer Rights.
The court upheld a decision of Supreme Court Judge Isaac Lenaola (then High Court Judge) dismissing the case by EABL arguing it did not have merit and said the judge didn’t err in rejecting the invitation to rule on the percentage area on bottles required for the message.
The three judge bench said that courts do not by nature have the expertise and resources required for detailed examination of legislative policy and how the same translates into actual statutes.
Further, the judges dismissed claims that the law was passed without consultations stating that there was evidence of consultations by the National Campaign Against Drug Abuse (NACADA).
In this case, EABL had challenged the constitutionality of Section 32 of the Alcoholic Drinks Control Act 2010, which requires a manufacturer, importer, seller or distributor of an alcoholic drink, to ensure that every package has at least two of the health warning messages in English or Kiswahili.
Read More Here.