The negative effects of alcohol consumption in Kenya are known and acknowledged in different perspectives: socially, it has disintegrated families; economically, it has derailed the lives of … Expand. View 1 excerpt, cites background. Women's pathways to prison in Kenya: Violence, poverty, familial caretaking and barriers to justice. Women's Studies International Forum.
Abstract Studies undertaken on women incarcerated in African countries are limited. Alcoholism especially among the youth has become a national crisis. The society legitimizes and demands substances that government has banned. Law enforcement has been crippled by high levels of … Expand.
View 1 excerpt, references background. Abstract In recent years, outbreaks of methanol poisoning from the consumption of tainted alcohol have claimed umpteen lives around the world.
Low wages in developing countries have forced consumers … Expand. Retrieved from,. The effect of alcoholic drinks control act of on the socioeconomic welfare of bar owners and patrons in Nyeri County.
Highly Influential. View 4 excerpts, references background and methods. The Star Monday,. The Act established the Hotels and Restaurants Authority herein with referred to as the authority under section 3 1 , the body whose powers include issuing license, investigating and determining complaints and lastly suspending and cancellation of licenses.
The authority is comprised of a chairman appointed by the minister for tourism, the permanent secretary of the ministry of tourism, a member who is knowledgeable in the hotels industry and international tourism and a member who represents interests of hotel keepers, restaurant keepers and employees.
License under the Act refers to a document that states the precise name, location and extent of the premises to which it relates, endorsed by the authority and which is required to be displayed prominently on the premises in the areas of which the public have access to2. In Kenya, such license can only be issued by the Hotels and Restaurants authority. A person desiring to start up a hotel and restaurant enterprise must make a formal application in the format which is prescribed in the Act.
Firstly, the business must be situated in a specific geographical location therefore it might be important to pin point this by presenting a title deed or lease agreement in the application. Secondly, the application must be accompanied by a medical certificate to show that health standards and thresholds have been approved.
The certificate should be signed by a qualified medical officer and should also be dated three months prior the presentation of the application to the authority. Thirdly, specifications such as tariffs bed and room charges and menu , category, size and capacity of services provided might be required by the authority to assist in considering the application.
The authority has the discretion to grant or refuse to grant a license however, when it is satisfied that the premises in respect of which the application has been made are structurally suitable for the use proposed the authority may grant a license3.
It is an offense for an applicant to make a false representation or declaration whether orally or written for the purposes of obtaining or varying a license. The offense is attracts a liability of imprisonment for a term not exceeding six months or a fine not exceeding Kenya shillings or both4. Licenses granted usually expire on the 31st December of the year in respect to which it is issued.
Similarly it has the authority to suspend, vary or cancel a license. The process starts where a complaint is lodged with the authority with allegations of misconduct on the part of the hotel or restaurant. Before arriving to the conclusion of cancelling, suspending or varying a license, the authority conducts its own investigation and also gives the licensee the opportunity to be heard.
In that process the licensee may be given a notice in writing which specifies the issues the authority considers requiring remedying. If the licensee fails to comply with the requirements of the notice, the authority may prosecute him or her under this Act.
The decision of the Tribunal6 is final and irrevocable. Failure to do so or enter information that is false is an offense which attracts a liability of a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both. A hotel keeper is not liable to pay for any loss or damage to property brought into the hotel but under two exceptions. The first exception is where the loss or damage occurred at the time when sleeping accommodation had been engaged for the guest; and secondly where the loss or damage occurred between the midnight immediately preceding and the midnight immediately following a period during which the guest was entitled to use the accommodation so engaged.
The hotel and restaurant authority require an applicant for a license to attach an approving certificate from a medical practitioner who is recognized under this Act.
He or she can be a public officer whose appointment is seconded by the government. The medical officer and his officers have the power of entry. They are mandated to enter into any premises or vessels for the purpose of executing or superintending of any rules made under the Act7. On that note, the officer may require any person owning or having charge of tents, transport, bedding, hospital equipment , food or other appliances urgently required in connection with an outbreak to hand over the use of such land, building or appliance subject to the payment of a reasonable amount8.
Any person who without reasonable cause fails to comply with such requirement shall be guilty of an offence. The Act also provides that it is an offense for a person who is suffering from any venereal disease in a communicable form to continue working in a hotel, restaurant or other place in any capacity entailing the care of children or the handling of utensils intended for consumption by other persons9. Such person shall be guilty and liable unless he or she can prove that they did not know or suspect and had no reasonable means of knowing or suspecting that they were suffering.
The employer who employs or continues to employ such a person is not left out either, he is also liable unless he prove he did not know or suspect and had no reasonable means of knowing or suspecting that the person so employed by him was suffering from such disease.
In July , the minister for Health in Kenya, Dr. Cleopa Mailu ordered two top hotels in Nairobi to shut after they were linked to cholera outbreak The minister said the hotels had supplied food to an event where cholera was reported. It is noteworthy that the action the minister took was mandated by the Public Health Act. The minister of health is the overall medical officer of the country.
Hotels and Restaurants do not produce liquor so focus is put on sale and consumption clauses. Sale and consumption are provided for under Part V of the Act.
At this point it should be clear that a license which is issued under the Hotel and Restaurants Act is different from the license issued under the Alcoholic Drinks Control Act. A hotel owner who is also interested in selling alcoholic drinks must obtain a license under this Act11otherwise it is an offense which attracts an imprisonment term not exceeding nine months or a fine not exceeding 50, Kenya shillings to operate without a license. The occupier Owner owes a common duty of care to visitors who enter his premises, unless that duty is modified or excluded by agreement or otherwise the occupier is liable Common duty of care of the occupier refers to the duty to take all the reasonable care or precautions in the circumstances so that the visitor is reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there Persons who enter premises for any purpose in the exercise of a right conferred by law are to be treated as permitted by the occupier to be there for that purpose, whether they in fact have his permission or not In determining whether this duty has been discharged the Act provides that all the circumstances of a case in scenario must be regarded.
For instance, where damage is caused to the visitor by a danger which he had been warned, the warning does not absolve the occupier from liability 11 Section 9 1 Alcoholic Drinks Control Act, no. In the case, where damage has been occasioned to a visitor because of a faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier can be let off the hook only if it shown that in the circumstances he acted reasonably in entrusting the work to the contractor and that he was himself satisfied with the competency of the contractor to deliver However, in the event where the visitor had in fact willingly accepted the risks the occupier is not liable to pay damages There was an express term that the defendant would provide the deceased with a swimming trainer whenever he went for lessons.
One of the issues for determination by the court was of course whether the deceased was owed duty of care by the defendant. The court dismissed the case in that the plaintiff failed to prove her case on balance of probability. According to the circumstances the deceased was warned not to enter the swimming pool until the trainer is back from a lunch break.
The judge was of the view that the deceased knew the nature and the extent of the risk when he ventured into the swimming pool, in the absence of the lifeguard and took the risk to his own death. In another case, W Layton P Lougher v Kenya safari Lodges and Hotels ltd19, the plaintiff was awarded damages by the court which found that the duty of care was breached by the defendants.
There were no any notices warning the visitors that the floor was smooth, slippery and watery and the defendant could not adduce disclaimer evidence on the same. According to the Act food includes any article manufactured, sold or represented for use as food or drink for human consumption including chewing gum or any other ingredient. Food is offered in all hotels and restaurants therefore provisions of this Act are very relevant on that regard. W Woolworth Company The supreme judicial court of Massachusetts found the defendant liable for breach of warranty.
The plaintiff fell ill thereafter and a physician who attended the plaintiff testified that she was suffering from food poisoning caused by eating something within three hours before she became ill of which was the apple. The Act prohibits the sale of any food which adulterated, unwholesome or unfit for human consumption or which is poisonous.
This include food which consists of in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or deceased substance It is unlawful to label, package, treat, process, sell or advertise any food in contravention of the regulations set out in this Act or in a manner that is false, misleading or deceptive as regards to its character, nature, value, substance, quality, composition, merit or safety In the case where a standard has been prescribed for a certain food, it is unlawful for a person to label, package, sell or advertise that food in a manner that is likely to be mistaken for the food of the prescribed standard whereas it does not comply with the standard.
Preparing, conveying, storing or displaying any food under insanitary condition is also an offence under the Act23 The public health standards board is established under section 27; its functions include making regulations in consultation with the minister of health.
These regulations are laid under section 28, some pertain to prescribing standards of composition, strength, potency, purity, quality or other property of any food, drug, chemical substance, cosmetic or device and others pertain 20 mass.
This Act applies to all employees, including government employees but excluding the armed forces. An employee according to the Act means any person who has been employed for wages or a salary under a contract of service and includes an apprentice or indentured learner intern. That definition stands irrespective of whether the contract is expressed or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period and whether the payment is in cash or recognized legal tender.
The Act obligates every employer to obtain and maintain an insurance policy with an approved insurance company in respect of any liability that the employer may incur to any of his employees It is an offence to contravene that provision. Proprietors of Hotel and Restaurants are similarly employers like any other therefore they should be conversant with this requirement.
The right to compensation is entrenched under section 10 of the Act. It provides that an employee who is involved in an accident resulting in disability or death benefits are entitled to him or his dependants. However, if an employee suffers an accident that has been caused by a deliberate or willful misconduct of him, he is not entitled to compensation25 24 Section 7 1 Work Injury Benefits Act no.
Many a times a consumer of hotels and restaurants is aggrieved but they do not know where to start in order to have their rights enforced. This section looks at the legal provisions that empower a person or a body of person to institute proceedings in a court of law or any given body to enforce a given right.
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