Explainer: What Kenya's new alcohol Bill proposes for bars, supermarkets and consumers

Kenya's alcohol industry could be heading for a major shake-up, with a proposed law seeking to change the legal drinking age, shut down alcohol sales in supermarkets, restrict the locations of bars and introduce tougher controls on advertising and distribution.

If Parliament approves the proposals, the changes will affect not only drinkers but also manufacturers, importers, landlords, retailers and businesses that depend on alcohol sales.

The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill 2026, sponsored by National Assembly Majority Leader Kimani Ichung'wah, proposes sweeping amendments to the Alcoholic Drinks Control Act (Cap 121), in what could become one of the country's most far-reaching attempts to regulate the production, sale and consumption of alcoholic beverages.

The government-backed legislation comes amid continued concerns over illicit brews, underage drinking and the health and economic consequences of alcohol and drug abuse.

Here is what the proposed law seeks to change and how it could affect different sectors.

1. Legal drinking age to increase from 18 to 21

One of the biggest proposals is to raise the minimum age for accessing alcohol from 18 to 21 years.

Under Clause 35B, licensed alcohol outlets would be prohibited from allowing anyone below 21 into their premises, even when accompanied by an adult.

"A person licensed to sell alcohol under this Act shall not allow anyone under the age of 21, whether alone or accompanied, to access or enter premises where alcohol is sold," reads Clause 35B of the Bill.

The proposed change would bring Kenya in line with countries such as the United States, where research has shown that delaying access to alcohol helps reduce drinking and related harm among young people.

2. Supermarkets and restaurants to lose alcohol licences

The proposed legislation could end the sale of alcoholic beverages in supermarkets and several other commercial establishments.

Supermarkets, retail outlets dealing in children's products, restaurants, residential areas, universities, colleges and other institutions of higher learning would not qualify for licences to sell alcohol.

The restrictions would also cover educational institutions and other designated premises where alcohol sales would be prohibited.

Online purchases would equally be affected, with the Bill proposing a ban on selling alcohol through internet platforms, courier services, hawkers, home deliveries and vending machines.

Businesses currently selling alcoholic drinks through these channels or in prohibited locations would be allowed a limited period to clear their stocks.

Clause 12(3) states that "a person who, upon the commencement of this section, holds a valid licence for the sale of alcoholic drinks in the specified area or manner shall, for the purpose of disposing of the alcoholic drinks, continue to carry on business for a period not exceeding three months from the commencement of this section or upon the expiry of the licence, whichever is sooner".

3. Bars within 300 metres of schools face closure

Bars and liquor stores operating close to learning institutions could be forced to relocate or shut down if the Bill becomes law.

The proposed regulations require premises selling alcohol to be situated at least 300 metres from any nursery, primary or secondary school, as well as other educational institutions serving people below 21 years.

The restriction could affect thousands of businesses located near schools and colleges, particularly those operating in densely populated neighbourhoods.

The Bill also seeks to prevent the establishment of too many alcohol outlets within the same locality.

County Alcoholic Drinks Licensing Committees would be required to consider the number of existing licensed businesses before approving additional applications.

Their decisions would take into account the population density per square kilometre and whether the area can accommodate more bars or liquor stores.

4. Alcohol sales banned in several public places

The proposed law identifies several public spaces where county authorities would not be allowed to issue licences for alcohol sales.

Under Clause 12(2), the prohibited locations would include beaches, cinemas, hospitals and other medical facilities, parks, sports facilities, bus stops and petrol stations.

Railway stations, piers and public transport services would also be covered.

The restrictions would apply to trains, buses, aeroplanes, ferries and boats, effectively barring alcohol sales across these transport facilities.

5. Landlords and government officials face new restrictions

The proposed controls would extend beyond alcohol retailers to landlords and public officers.

Landlords would be prohibited from renting out premises for the manufacture, storage, sale or distribution of alcoholic drinks where the properties are located in residential areas or within the prohibited distance from educational institutions.

"A landlord shall not lease or maintain a lease or licence for any premises used for the manufacture, storage, sale or distribution of alcoholic drinks," the Bill states.

Public officers working for either the national or county governments would also be barred from directly or indirectly owning or operating businesses that sell alcohol.

The restriction would apply to officials involved in enforcing the proposed law, seeking to prevent potential conflicts of interest in the regulation of the industry.

6. Alcohol manufacturers and importers to pay Sh2 levy per litre

Companies involved in manufacturing and importing alcoholic drinks could face an additional financial obligation under the proposed legislation.

The Bill introduces a solatium compensatory levy of Sh2 for every litre of alcoholic beverage manufactured or imported by licensed businesses during the relevant financial year.

The money would be paid to the collector for transfer into a designated fund supporting alcohol and drug abuse prevention programmes.

"The levy shall be payable to the collector for remittance into the fund no later than the tenth day of the month following the month during which the levy is due," reads the bill.

The fund would support Nacada, the National Alcoholic Drinks Control Committee and civil society organisations working to prevent and manage alcohol and drug abuse.

At least 50 per cent of its annual income would be allocated to the operations of the National Alcoholic Drinks Control Committee, while no less than 15 per cent would go towards civil society programmes dealing with the prevention and management of alcohol and drug abuse.

7. Alcohol advertising to require special approval

The legislation also proposes tighter supervision of how alcoholic drinks are marketed to the public.

It seeks to establish a Regulation Committee tasked with examining and approving alcohol advertisements and promotional campaigns appearing in print, electronic and online media.

Companies and individuals intending to promote alcoholic products would first have to obtain the committee's approval and apply for a one-off advertising licence.

"Any person intending to advertise or promote alcoholic drinks must seek the approval of the Regulation Committee and apply for a one-off licence before undertaking such an advertisement or promotion," reads the Bill.

The proposed law would also prohibit online advertising and promotion of alcoholic drinks and brands associated with alcohol.

The restrictions are informed by Nacada findings indicating that one in every four teenagers first experimented with alcohol after encountering celebrity endorsements or alcohol advertisements online or on billboards.

8. New restrictions on transporting alcoholic drinks

The movement of alcoholic beverages for commercial purposes would also be subject to stricter rules.

The Bill proposes to prohibit the transportation of alcoholic drinks between 6am and 6pm.

Vehicles used to distribute alcoholic beverages commercially would also be required to carry branding in colours prescribed by law.

Anyone who breaches the transportation requirements would face a fine of Sh10 million, imprisonment for up to five years, or both.

9. What Nacada's research says about alcohol consumption

The proposed restrictions come against the backdrop of worrying findings on alcohol and substance use among young people.

A Nacada report titled 'Status of Drugs and Substance Use among University Students in Kenya', released in February last year, found that alcohol was the most widely consumed substance among university students.

The study surveyed 15,678 undergraduate students from public and private universities and established that up to 87.3 per cent consumed alcohol.

Cigarettes were the second most commonly used substance at 64.4 per cent, followed by shisha at 41.2 per cent.

The research also examined how students accessed drugs and other substances.

It found that 66.4 per cent of respondents obtained them from friends, while 59.3 per cent sourced them from neighbourhood bars and canteens.

The Bill's proposed advertising controls are also linked to concerns that young people are being exposed to alcohol marketing through online platforms and public advertising.

10. Government intensifies war against illicit alcohol

The proposed legislation comes as the government continues to struggle with the spread of illicit alcoholic drinks, some of which have caused deaths, blindness and long-term health complications.

Several enforcement operations have resulted in the closure of thousands of bars and the arrest of individuals operating unlicensed outlets.

However, the campaign has faced setbacks due to corruption, weak enforcement, inadequate oversight and poor coordination among the agencies responsible for regulating the sector. Some operators arrested during crackdowns have also been released by courts.

Deputy President Kithure Kindiki has warned that alcohol and drug abuse are damaging the country's productivity and placing additional pressure on public health services.

Speaking on October 7 after meeting a multi-sectoral team involved in the fight against illicit brews at his Karen residence, Kindiki said substance abuse was affecting the country's economic performance.

"It is also affecting productivity in our economy. It is affecting public health," he said.

He further cautioned that the country's development prospects were closely tied to how effectively the government tackled alcohol and drug abuse.

"Therefore, the future of the nation is very closely linked with the efforts we make to address this issue," he said.

What happens next?

The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill 2026 has been introduced for First Reading and will now proceed to public participation in accordance with Article 118 of the Constitution.

Members of the public will have an opportunity to present their views before Parliament debates the proposed changes.

The proposals are not yet law. They must go through the parliamentary process and receive presidential assent before the new restrictions can take effect.