By Ahmed Salat Ali AARAN TV KE
The Senate Standing Committee on Information, Communication and Technology has called for stronger use of digital technology, product traceability and inter-agency coordination to combat counterfeit and illicit alcohol and strengthen consumer protection in Kenya.
The Committee held a meeting on Thursday with the Chief Executive Officer of the Anti-Counterfeit Authority (ACA), Dr Robi M. King’a, to examine how technology and product authentication systems can be deployed to tackle the growing illicit alcohol trade.
The Committee was informed that the illicit alcohol problem extends beyond counterfeit products to include tax-leaked, smuggled, substandard, adulterated, unlicensed artisanal and surrogate alcohol. The complexity of the problem, the Authority said, requires a coordinated response involving multiple government agencies.
The ACA noted that counterfeit alcohol represents only one component of the wider illicit-alcohol market. It may involve the unlawful use of protected brands, labels, caps, seals and bottles, as well as the refilling of genuine branded containers with illicit contents.
Dr King’a told the Committee that available seizure data points to a predominantly domestic illicit-alcohol problem, with locally manufactured products accounting for the largest share of seized alcohol.
According to ACA-cited data, 77 per cent of seized alcohol was locally manufactured, 15 per cent was imported, while eight per cent was of unknown origin. The Authority, however, cautioned that the figures should not be interpreted as a nationally representative measure of market share without the underlying methodology and applicable cut-off date.
The meeting further heard that the Anti-Counterfeit Integrated Management System (AIMS), the Authority's digital platform, supports intellectual-property recordation, import-related declarations and other internal regulatory functions. However, its current statutory recordation and security-device framework is primarily focused on imported goods.
The Authority said the existing system does not comprehensively capture locally manufactured finished alcohol, local bottling, contract manufacturing, refilling operations, packaging suppliers and domestic distribution networks.
AIMS also does not independently verify excise-duty payments, chemical safety, standards compliance, premises licensing or the lawful use of ethanol. These functions remain within the mandates of other relevant regulatory agencies.
To strengthen product authentication, the ACA proposed the phased introduction of anti-counterfeit security devices for high-risk products, including alcoholic beverages. Under the proposed system, each product would be assigned a unique identifier linked to a secure ACA-controlled record.
The system would allow consumers and enforcement agencies to verify the authenticity of products while generating data that could help identify suspicious supply-chain activity and potential counterfeiting.
The Authority stressed that the proposed security device should complement, rather than duplicate, existing regulatory markings such as KRA excise stamps and KEBS certification marks.
Under the proposed interoperable framework, ACA would verify product and brand authenticity; the Kenya Revenue Authority would confirm excise status; the Kenya Bureau of Standards would verify standards and certification; while county governments would provide relevant licensing information.
The Committee was informed that legislative amendments would be required to extend the current security-device framework to prescribed locally manufactured products. The amendments would also provide for the registration of local manufacturers, authorised bottlers and contract manufacturers, while introducing safeguards against cloning, tampering and unauthorised reuse of security devices.
The ACA further proposed a national technology architecture linking product authentication, taxation and customs, standards and safety, licensing, supply-chain information, consumer verification and enforcement data.
Such an architecture would enable government agencies to securely exchange information through system-to-system interfaces while maintaining their respective legal mandates and responsibilities.
The Committee heard that counterfeiters are increasingly using sophisticated methods to defeat authentication systems. These include cloning genuine QR codes, reusing genuine bottles and labels, substituting contents, manipulating digital accounts, replaying valid serial numbers and marketing illicit products through social media and closed messaging platforms.
To counter these threats, the ACA proposed the use of secure product identifiers, tamper-evident packaging, scan analytics, batch validation, anomaly detection, enhanced cybersecurity, physical inspections and laboratory testing.
The Authority emphasised that a QR code alone cannot guarantee the authenticity or safety of an alcoholic product, underscoring the need for a comprehensive authentication and enforcement framework.
The ACA recommended that the Senate support the development of a legislative and interoperable national authentication framework covering both imported and locally manufactured high-risk alcoholic products.
It proposed a time-bound pilot programme targeting selected high-risk imported and locally manufactured alcoholic products before any nationwide rollout. The pilot would assess system security, consumer usability, interoperability, cost, enforcement outcomes and industry compliance.
The Authority also called for stronger coordination among key agencies, including the ACA, Kenya Revenue Authority, Kenya Bureau of Standards, NACADA, Government Chemist, National Police Service, Directorate of Criminal Investigations, National Intelligence Service, county governments and the Office of the Director of Public Prosecutions.
Among the proposed measures are secure system-to-system interfaces, common data standards, improved traceability of ethanol and high-risk packaging, stronger digital evidence and chain-of-custody procedures, enhanced cybersecurity capacity and specialised personnel to support digital investigations and enforcement.
The Authority said implementation should be phased, beginning with the development of common definitions and data standards, preparation of the necessary legislative amendments and selection of pilot products.
This would be followed by the development and testing of the authentication system before its expansion to additional products and government agencies.
The engagement comes amid growing concern over the proliferation of illicit alcohol and the need to strengthen consumer protection through technology, effective enforcement and coordinated government action.
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