BY IRENE ONYANGO.
Patiala Distillers Limited wants the High court to quash decision by the Kenya Bureau of Standards (KEBS) to suspend the company permit without prior notice.
The company further wants the court to suspend KEBS decision to suspend the company standardization mark permits numbers.
The Mavoko based alcohol manufacturer is also seeking the court to restrain KEBS, Inspector General of Police, Kenya Revenue Authority and National Authority for the Campaign Against Alcohol and Drug Abuse from engaging or disruption or obstruction of the operations of Patiala’s work permit.
” Unless this Court moves with celerity and arrests the illegalities and injustices occasioned by the KEBS, the Applicant shall suffer irreparable harm and shall be a slap in the face of economic rights under Article 43 of the Constitution,” pleads tge company.
Patiala Distillers adds that KEBS shall not be prejudiced if the orders sought herein are granted, and the leave so granted is ordered by the Court to operate as a stay of the 1 Respondent’s decision to immediately suspend Patiala s impugned licenses.
Through lawyer Danstan Omari the company says it has been incorporated in the year 2009. But on the 27 day of February, 2024, vide a letter of even date referenced as KEBS/HQ/SM/2411/VOL 2(233), KEBS decided to with immediate effect to suspend the Standardization Mark Permit numbers 26666. 27247 and 27253; permits that it issued to the Applicant
According to the company boss Mary Muthoni Kagwehe the suspension wreaks of malice, bad faith and lawlessness as there has never at any time been any Show cause letters nor summons to the owners of the business from any investigative agency to aid in any form of investigations into any alleged violations of the Standards Act, the Alcoholic Drinks Control Act or any other statute in relation to the alcohol in question and rules made thereunder.
She says that the company is a source of daily needs for many Kenyans that the business has employed and this Honorable Court is hereby called upon to certify this application as urgent and apt for hearing.
“Patiala Distillers believes that KEBSt’s actions are an obvious scheme to unjustifiably frustrate and obstruct Patiala ‘s
operations of a genuine business since there was no prior notice nor warning that could have assisted the company to act in order to avert the suspension: a bid to frustrate Patiala’ s right to fair administrative action, “says Muthoni.
Mary adds that the company is a daily source of income to many Kenyans since it has employed over 300 permanent employees and upto 1000 daily temporary employees who come in everyday,”
The company also believes that KEBS’ action is an obvious scheme to unjustifiably frustrate and obstruct its operations of a genuine business since there was no prior notice nor warning that could have assisted in order to avert the suspension.
In viral videos on social media on Monday 26th, Mathira Member of Parliament Eric Wamumbi and Nyeri Senator Wahome Wamatangi had been seen leading citizens of Nyeri destroy Patiala drinks which they had alleged to have been illicit. The destruction appeared to have taken place at the deputy county commissioner offices who watched tge destruction by the politicians helplessly.
