Liquor laws effect on Women’s conviction
Category: General
By: Edith Nyamichaba,
In 2010, the Kenyan government enacted the Alcoholic Drinks Control Act or Liquor Act aimed at regulating the trade in alcohol. This meant more regulations regarding the manufacturing and sale of alcohol with a system of licenses and permits. There are however evident disparities in sentences, absence of proportionality and uniformity in sentencing and lack of information on the process of sentences in some of the laws in this country. Within the Liquor Act for example, data on the number of convicted offenders shows a rather skewed view against women. While all these reforms are laudable, the efficiency and performance of the criminal justice and penal regime has not been examined more keenly.
Convicted Offenders by Offense and Sex (2013-2015)
Source: KNBS| Economic Survey 2016
The chart above shows the convicted offenders by offence and their gender from the year 2013 to 2015. It is evident that men have a significantly higher crime rate compared to that of women. However, the offences committed under the liquor act stand out for the offences and the year analyzed within the chart. The Liquor Act contributes to a higher percentage of the offences for both genders. The noticeable thing however is the significant increase of offences under this Act against women. Observing the female share of all convictions, raises question about the equity of the Liquor Act as it is evident that women are disproportionally affected by it. It shows that 32% is the female share of convicted women imprisoned due to offences under the Liquor Act. In 2015, a total of 12,348 women were convicted and out of these women, 8,564 were convicted under the liquor act which means almost 70% of all female prisoners in Kenya in 2015 were incarcerated on accounts of crimes under this Act. It is also important to note that the female share of all the other convictions does not surpass 10% whereas the female share of the Liquor Act convicts is 32%. Due to the Liquor Act, the female share of convictions represents more than three times the number of women charged for any different offense. This could be explained by the fact that a majority of these women are more involved in the production of alcohol (mainly illicit brew) and it is known to be of enormous economic importance to many of them . It was stated earlier last year that many women within Kisii County, a majority of them being widows, plead guilty to selling chang’aa to support their families and educate their children . Many of these women therefore depend on selling of alcohol as their daily means of survival. Without an alternative way of making their ends meet, arresting and jailing them will not solve the problem. Additionally, it may also be due to the fact that many of these women are less able to afford the necessary licensing fees and hence have to endure their full custodial sentences. Some police officers are known to be in support of the sale and trade of illicit brew. Mid last year, twelve policemen from the Central region were found to be supporting the trade in illegal alcoholic drinks . This in turn means that these women have the ability to run their businesses smoothly as long as their agreements with these policemen are met. Therefore, corruption plays a huge role in this and significantly affects the women. It may not necessarily be inability to pay licensing fees that sends these women to jail but the failure to meet their agreements with the police officers.
According to data from the National Campaign against Alcohol and Drug Abuse (NACADA), the ratio of women who consume alcohol is only one third that of men. Yet the data above strongly suggests that women are more likely to end up in jail for laws related to alcohol. There is a huge contradiction when you keenly look at these two sets of data which either means that the liquor laws are too rigorously applied or they are enforced in a manner that disproportionately exposes women to conviction. It has been noted by many that the character of new laws in Kenya suggest that the legislature is increasingly enacting laws that emphasize incarceration and large fines for petty offenses under the Liquor Act.
Proportion of those who have ever used alcohol by gender
Source: National Survey on Alcohol-Related Illnesses and Deaths in Kenya by NACADA 2014
The pie chart above retrieved from the National Survey on Alcohol-Related illnesses and deaths in Kenya undertaken by the National Campaign against Alcohol and Drug Abuse (NACADA) – 2014, reveals that only 21% of women in Kenya have ever used alcohol whereas for Kenyan men it is over 50%. In effect, the number of men convicts should be exceedingly higher than that of women under the Liquor Act Law.
The courts should hasten the delivery of justice and use alternative sentencing mechanisms to settle disputes other than custodial sentences. The community service order which is available in the country needs to be fully implemented, and petty offenders should be given non-custodial convictions . The treatment of female offenders, in this case under the Liquor Act mirrors the manner in which the community is dealing with the socioeconomic affairs that affect the nation. Looking at the general prison statistics and breaking up the prison population by gender, it leads to the conclusion that the enforcements of offences related to the laws on liquor in Kenya are inconsistent.
Most of these liquor offences tend not to be violent hence the impact on society is not threatened security. There could be other means of controlling illegal alcohol manufacturing by these women than custodial sentences; such as provision of jobs to these women or capital for them to venture into other businesses.
http://news.bbc.co.uk/2/hi/africa/1039582.stm
http://kenyanewsagency.go.ke/en/police-officers-face-interdiction-for-trading-on-illicit-brew/
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Liquor laws effect on Women’s conviction
| Post date: Wed, Dec 14, 2016 |
| Category: General |
| By: Edith Nyamichaba, |
In 2010, the Kenyan government enacted the Alcoholic Drinks Control Act or Liquor Act aimed at regulating the trade in alcohol. This meant more regulations regarding the manufacturing and sale of alcohol with a system of licenses and permits. There are however evident disparities in sentences, absence of proportionality and uniformity in sentencing and lack of information on the process of sentences in some of the laws in this country. Within the Liquor Act for example, data on the number of convicted offenders shows a rather skewed view against women. While all these reforms are laudable, the efficiency and performance of the criminal justice and penal regime has not been examined more keenly.
Convicted Offenders by Offense and Sex (2013-2015)
Source: KNBS| Economic Survey 2016
The chart above shows the convicted offenders by offence and their gender from the year 2013 to 2015. It is evident that men have a significantly higher crime rate compared to that of women. However, the offences committed under the liquor act stand out for the offences and the year analyzed within the chart. The Liquor Act contributes to a higher percentage of the offences for both genders. The noticeable thing however is the significant increase of offences under this Act against women. Observing the female share of all convictions, raises question about the equity of the Liquor Act as it is evident that women are disproportionally affected by it. It shows that 32% is the female share of convicted women imprisoned due to offences under the Liquor Act. In 2015, a total of 12,348 women were convicted and out of these women, 8,564 were convicted under the liquor act which means almost 70% of all female prisoners in Kenya in 2015 were incarcerated on accounts of crimes under this Act. It is also important to note that the female share of all the other convictions does not surpass 10% whereas the female share of the Liquor Act convicts is 32%. Due to the Liquor Act, the female share of convictions represents more than three times the number of women charged for any different offense. This could be explained by the fact that a majority of these women are more involved in the production of alcohol (mainly illicit brew) and it is known to be of enormous economic importance to many of them . It was stated earlier last year that many women within Kisii County, a majority of them being widows, plead guilty to selling chang’aa to support their families and educate their children . Many of these women therefore depend on selling of alcohol as their daily means of survival. Without an alternative way of making their ends meet, arresting and jailing them will not solve the problem. Additionally, it may also be due to the fact that many of these women are less able to afford the necessary licensing fees and hence have to endure their full custodial sentences. Some police officers are known to be in support of the sale and trade of illicit brew. Mid last year, twelve policemen from the Central region were found to be supporting the trade in illegal alcoholic drinks . This in turn means that these women have the ability to run their businesses smoothly as long as their agreements with these policemen are met. Therefore, corruption plays a huge role in this and significantly affects the women. It may not necessarily be inability to pay licensing fees that sends these women to jail but the failure to meet their agreements with the police officers.
According to data from the National Campaign against Alcohol and Drug Abuse (NACADA), the ratio of women who consume alcohol is only one third that of men. Yet the data above strongly suggests that women are more likely to end up in jail for laws related to alcohol. There is a huge contradiction when you keenly look at these two sets of data which either means that the liquor laws are too rigorously applied or they are enforced in a manner that disproportionately exposes women to conviction. It has been noted by many that the character of new laws in Kenya suggest that the legislature is increasingly enacting laws that emphasize incarceration and large fines for petty offenses under the Liquor Act.
Proportion of those who have ever used alcohol by gender
Source: National Survey on Alcohol-Related Illnesses and Deaths in Kenya by NACADA 2014
The pie chart above retrieved from the National Survey on Alcohol-Related illnesses and deaths in Kenya undertaken by the National Campaign against Alcohol and Drug Abuse (NACADA) – 2014, reveals that only 21% of women in Kenya have ever used alcohol whereas for Kenyan men it is over 50%. In effect, the number of men convicts should be exceedingly higher than that of women under the Liquor Act Law.
The courts should hasten the delivery of justice and use alternative sentencing mechanisms to settle disputes other than custodial sentences. The community service order which is available in the country needs to be fully implemented, and petty offenders should be given non-custodial convictions . The treatment of female offenders, in this case under the Liquor Act mirrors the manner in which the community is dealing with the socioeconomic affairs that affect the nation. Looking at the general prison statistics and breaking up the prison population by gender, it leads to the conclusion that the enforcements of offences related to the laws on liquor in Kenya are inconsistent.
Most of these liquor offences tend not to be violent hence the impact on society is not threatened security. There could be other means of controlling illegal alcohol manufacturing by these women than custodial sentences; such as provision of jobs to these women or capital for them to venture into other businesses.
http://news.bbc.co.uk/2/hi/africa/1039582.stm
http://kenyanewsagency.go.ke/en/police-officers-face-interdiction-for-trading-on-illicit-brew/
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In the IMF WEO published yesterday, the IMF elaborated its macroeconomic framework for the ongoing IMF program. The numbers clarify how the program, derailed by the mid-year Gen-Z protests, has been adjusted to make possible the Board meeting for the combined 7th and 8th Reviews scheduled for October 30. The adjustments, unfortunately, again raise profound […]
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Daron Acemoglu, Simon Johnson, and James A. Robinson won the 2024 Nobel Prize in Economics for their research on how a country’s institutions significantly impact its long-term economic success.[1] Their work emphasizes that it’s not just about a nation’s resources or technological advancements but rather the “rules of the game” that truly matter. Countries with […]
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The World Trade Report 2024 was launched at the start of the WTO Public Forum 2024 in Geneva titled “Trade and Inclusiveness: How to Make Trade Work for All”[1], and this blog will seek to highlight some of the most profound insights. The report delves into the crucial relationship between international trade and inclusive economic […]
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The Price Control Act of 2011, with its imposition of price ceilings on essential goods, represents a significant intervention in the natural forces of supply and demand that govern a free market. The Act empowers the Minister to control the prices of essential goods, preventing them from becoming unaffordable. The Act outlines a specific mechanism […]