The Traditional Liquor (Control of Distillation) Act

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CHAPTER 384
THE TRADITIONAL LIQUOR
(CONTROL OF DISTILLATION) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Interpretation. part ii
MANUFACTURE AND SALE OF TRADITIONAL LIQUOR
3. Traditional liquor to be manufactured under licence. 4. Minister’s power to control manufacture of traditional liquor. 5. Licensing authority. 6. Disqualification for obtaining licence. 7. Refusal to grant licence to be final. 8. Duration of licence. 9. Contents of licence. 10. Conditions to be observed by licensees. 11. Effect of breach of condition. 12. Restriction on access to premises of manufacture or storage. 13. Revocation of licence by licensing authority. 14. Revocation of licence by Minister. 15. Buying posts. 16. Supervisors. 17. Procedure at sale of traditional liquor. 18. No compensation payable for confiscated traditional liquor. part iii
DISTILLATION OF TRADITIONAL LIQUOR
19. Licence to distil traditional liquor. 20. Conditions of distiller’s licence. 21. Effect of breach of condition. 22.

ILLATION OF TRADITIONAL LIQUOR
19. Licence to distil traditional liquor. 20. Conditions of distiller’s licence. 21. Effect of breach of condition. 22.

Duration of licence. 23. Revocation of distiller’s licence.

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
part iv
TAX PROVISIONS
24. Tax on spirits.
25. Rate of tax.
26. Tax to be debt due to Republic.
27. Exemptions.
28. Regulations relating to tax.
part v
GENERAL PROVISIONS
29. Unlawful sale of traditional liquor.
30. Unlawful possession of traditional liquor.
31. Unlawful consumption of traditional liquor.
32. Power to enter and inspect licensed premises.
33. Search warrant for detection of traditional liquor sold or kept contrary to law.
34. General penalty.
35. Forfeiture.
36. Burden of proof.
37. Regulations.
38. Exemption from East African Excise Management Act.
39. Omitted.
40. Revocation of Order.
41. Omitted.

iture.
36. Burden of proof.
37. Regulations.
38. Exemption from East African Excise Management Act.
39. Omitted.
40. Revocation of Order.
41. Omitted.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Traditional Liquor (Control of
Distillation) Act. 2.

buted without permission of OAG.449
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Traditional Liquor (Control of
Distillation) Act. 2.

In this Act, unless the context requires otherwise-
“buying post” means a buying post established by the
Minister under section 15;
“distil” includes redistill;
“distiller” means a person holding a valid licence to
manufacture spirits under this Act by distillation of
traditional liquor; and “distillery” means his factory;
“Licensee” means any person who has been granted a licence
under this Act to manufacture traditional liquor;
“licensing authority” means a local authority having the
power to grant licences to manufacture traditional liquor;
“local authority” means where the area is a city, the city
council; where the area is a municipality, the municipal
council; where the area is a township, the town council;
and where the area is that of a district council, the district
council;
Short title
Interpretation
CHAPTER 384
THE TRADITIONAL LIQUOR
(CONTROL OF DISTILLATION) ACT
An Act to make provision for the licensing of the manufacture of traditional
liquor and to regulate the sale and distillation of traditional liquor. [1st January, 1969]
[GN. No. 451 of 1968]
Acts Nos. 62 of 1966
11 of 1970
22 of 1981

and to regulate the sale and distillation of traditional liquor. [1st January, 1969]
[GN. No. 451 of 1968]
Acts Nos. 62 of 1966
11 of 1970
22 of 1981

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
“Minister” in Parts I, II, III and V means the Minister
responsible for industries; and in Part IV means the
Minister responsible for finance;
“spirits” means any intoxicating liquor in the nature of
an abscessor abstract from any substance, obtained by
distillation, and includes any liquor mixed with spirits;
“supervisor” means a person appointed as a supervisor
under section 16;
“tax” means the tax on spirits payable in accordance with
the provisions of Part IV;
“traditional liquor” means any spirits, notwithstanding
the names by which they are known, which are distilled
otherwise than in accordance with the term of a licence
issued under section 19, and includes spirits commonly
known as moshi, machozi ya simba, gongo and umeme; and
“wash” means the fermented liquor from which traditional
liquor is manufactured by distillation.

nown as moshi, machozi ya simba, gongo and umeme; and
“wash” means the fermented liquor from which traditional
liquor is manufactured by distillation.

PART II
MANUFACTURE AND SALE OF
TRADITIONAL LIQUOR
3.–(1) A person shall not manufacture traditional liquor except
under a licence granted to him by a licensing authority. (2) A person who contravenes the provisions of this section
commits an offence and on conviction shall be liable to
imprisonment for a term not exceeding five years. 4.–(1) The Minister may, by order published in the Gazette,
prescribe-
(a) the area within which licences to manufacture
traditional liquor may be granted;
(b) the number of licences which may be granted in any
such area;
(c) the maximum quantity of traditional liquor which may
be manufactured by any licensee in any such area; and
Traditional
liquor to be
manufactured
under licence
Minister’s
power to control
manufacture of
traditional liquor

y any licensee in any such area; and
Traditional
liquor to be
manufactured
under licence
Minister’s
power to control
manufacture of
traditional liquor

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
(d) agricultural products which may be used in the
preparation of the wash to be used in the manufacture
of traditional liquor in any such area. (2) Where the maximum quantity of traditional liquor
which may be manufactured by a licensee in any area has
been prescribed, the Minister may, by order published in
the Gazette, prescribe a different maximum quantity for any
licensee or class of licensees in any such area. 5. Where under the provisions of section 4 an area is prescribed
to be an area within which licences for the manufacture of
traditional liquor are granted, the licensing authority for such
area shall be the local authority having jurisdiction in respect
thereof. 6.

cture of
traditional liquor are granted, the licensing authority for such
area shall be the local authority having jurisdiction in respect
thereof. 6.

A licence to manufacture traditional liquor will not be
granted to any person who-
(a) has not attained the apparent age of twenty-one years;
(b) has been convicted of any offence under this Act; or
(c) is an undischarged bankrupt having been adjudicated
bankrupt by any court of competent jurisdiction in the
United Republic or, in the case of a corporation, the
corporation is in liquidation or has been wound-up or
in respect of which a winding-up order made by any
court of competent jurisdiction in the United Republic
is subsisting. 7. A licensing authority may refuse to grant a licence to
manufacture traditional liquor to any person and such refusal
shall be final and shall not be questioned in any court:
Provided that, the person aggrieved by the refusal of
a licensing authority to grant a licence may appeal to the
Minister and the Minister may, where he is satisfied that such
refusal was without sufficient cause, reverse the decision of the
licensing authority and direct the licensing authority to grant a
licence to such person. Licensing
authority
Disqualification
for obtaining
licence
Refusal to grant
licence to be final

licensing authority to grant a
licence to such person. Licensing
authority
Disqualification
for obtaining
licence
Refusal to grant
licence to be final

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
8. Every licence for the manufacture of traditional liquor shall
expire on the thirty-first day of December next following the
date of the grant of such licence. 9. Every licence to manufacture traditional liquor shall be in
the prescribed form and shall specify-
(a) the name and address of the person to whom it is
granted;
(b) the premises where traditional liquor may be
manufactured;
(c) the maximum quantity of traditional liquor which the
holder of the licence shall be entitled to manufacture
every month;
(d) the agricultural products which the holder of the
licence may use in the preparation of the wash;
(e) the buying post at which the holder of the licence shall
offer his traditional liquor for sale; and
(f) such other matters as may be prescribed. 10.

) the buying post at which the holder of the licence shall
offer his traditional liquor for sale; and
(f) such other matters as may be prescribed. 10.

It shall be a condition of every licence that the holder
thereof shall-
(a) use such equipment for the manufacture of traditional
liquor as may be prescribed;
(b) not purchase or acquire in any way any quantity of
traditional liquor from any other person;
(c) not sell or otherwise dispose of any quantity of
traditional liquor except to a distiller at the buying post
specified in his licence;
(d) not manufacture traditional liquor in any one month in
excess of the quantity specified in his licence;
(e) not, for the purpose of the manufacture of traditional
liquor make use of any wash other than wash made
from agricultural products specified in his licence;
(f) not manufacture traditional liquor at any premises
other than the premises specified in his licence; and
(g) keep such records of his manufacture and disposal of
traditional liquor as may be prescribed. Duration of
licence
Contents of
licence
Conditions to
be observed by
licensees

is manufacture and disposal of
traditional liquor as may be prescribed. Duration of
licence
Contents of
licence
Conditions to
be observed by
licensees

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
11. A licensee who fails to comply with any of the conditions of
his licence specified in section 10, commits an offence. 12.–(1) A licensee shall not permit any person other than-
(a) where the licensee is a natural person, the members of
his family residing with him in the premises in respect
of which the licence has been granted;
(b) where the licensee is a corporation, any member of
the corporation and the members of the family of any
member of the corporation residing with such member
in the premises in respect of which the licence has been
granted;
(c) a person authorised under this Act to enter upon
any premises in which the traditional liquor may
be manufactured, grant access to any portion of the
premises where the manufacture of traditional liquor
may, for the time being, be taking place or where any
traditional liquor may, for the time being, be stored. (2) A licensee who contravenes the provisions of subsection
(1), commits an offence. 13.

re any
traditional liquor may, for the time being, be stored. (2) A licensee who contravenes the provisions of subsection
(1), commits an offence. 13.

A licensing authority may revoke a licence to manufacture
traditional liquor granted to any licensee who is convicted of
any offence under this Act or under any other written law,
relating to the manufacture, sale or consumption of any liquor
or spirit:
Provided that, where such conviction is set aside by a
superior court and a conviction for any other offence under
this Act or a conviction for any other offence relating to the
manufacture, sale or consumption of any liquor or spirit is not
substituted therefor, the licensing authority may, subject to
any direction to the contrary given by the Minister, restore the
licence to the licensee if the period of the validity of the licence
has not in the meantime expired. Effect of breach of
condition
Restriction on
access to premises
of manufacture or
storage
Revocation
of licence
by licensing
authority

antime expired. Effect of breach of
condition
Restriction on
access to premises
of manufacture or
storage
Revocation
of licence
by licensing
authority

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
14.–(1) The Minister may, at any time, and without assigning
any reason for doing so, revoke a licence to manufacture
traditional liquor granted to any licensee if in his opinion such
revocation is in the public interest. (2) Where the Minister revokes a licence under subsection
(1) such revocation shall be final and shall not be questioned
in any court. (3) Where the Minister has revoked a licence under
subsection (1), the person to whom such licence was granted
shall not be granted another licence to manufacture traditional
liquor without the prior consent of the Minister. 15.–(1) The Minister may, by notice in the Gazette, declare
such places as he deems fit to be the buying posts where
traditional liquor manufactured by licensees may be offered
for sale to distillers. (2) A licensee shall not sell, offer for sale or expose for sale
any quantity of traditional liquor at any place other than at a
buying post.

tillers. (2) A licensee shall not sell, offer for sale or expose for sale
any quantity of traditional liquor at any place other than at a
buying post.

(3) A distiller shall not purchase or offer to purchase any
quantity of traditional liquor except at a buying post. (4) A person who contravenes the provisions of subsection
(2) or subsection (3), commits an offence. 16. The Minister shall appoint public officers to act as
supervisors at buying posts. 17. The following procedure shall be followed at every buying
post when any quantity of traditional liquor is offered for sale
by a licensee-
(a) the supervisor shall measure the alcoholic content of
the traditional liquor;
(b) if the alcoholic content of the traditional liquor is
below the minimum prescribed rate, the supervisor
shall forthwith confiscate and destroy the traditional
liquor in the prescribed manner;
Revocation
of licence by
Minister
Buying posts
Supervisors
Procedure at sale
of traditional
liquor

oy the traditional
liquor in the prescribed manner;
Revocation
of licence by
Minister
Buying posts
Supervisors
Procedure at sale
of traditional
liquor

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
(c) in any other case, the supervisor shall assess the
minimum price of the traditional liquor in accordance
with the prescribed minimum rates;
(d) the distiller shall buy all the traditional liquor offered
for sale and which has not been confiscated under
paragraph (b) and shall pay therefor a price not less than
the minimum price declared by the supervisor; and
(e) the distiller shall, at the close of the sale at the buying
post, make arrangements for the immediate removal of
all the traditional liquor purchased by him. 18. A licensee shall not be entitled to any compensation for
any quantity of traditional liquor confiscated by a supervisor
under section 17. PART III
DISTILLATION OF TRADITIONAL LIQUOR
19. The Minister may grant any person a licence to manufacture
spirits by distillation of traditional liquor. 20.

I
DISTILLATION OF TRADITIONAL LIQUOR
19. The Minister may grant any person a licence to manufacture
spirits by distillation of traditional liquor. 20.

It shall be a condition of every distiller’s licence granted
under section 19 that-
(a) the distiller shall purchase traditional liquor from licensees
only and in accordance with the provisions of this Act;
(b) the distiller shall not refuse to purchase any quantity
of traditional liquor offered for sale by a licensee at a
buying post and not confiscated by a supervisor under
section 17;
(c) the distiller shall pay a licensee for the traditional liquor
purchased from him a price not less that the minimum
price prescribed for traditional liquor of that quality;
(d) the distiller shall not manufacture spirits from any
material other than traditional liquor acquired in
accordance with the provisions of this Act;
(e) the spirits produced by the distiller shall conform to
the prescribed standards;
No compensation
payable for
confiscated
traditional liquor
Licence to distil
traditional liquor
Conditions of
distiller’s licence

rescribed standards;
No compensation
payable for
confiscated
traditional liquor
Licence to distil
traditional liquor
Conditions of
distiller’s licence

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
(f) the distiller shall comply with all such requirements
relating to the manufacture, bottling and sale of spirits
as may be prescribed; and
(g) the distiller shall pay such taxes on the spirits
manufactured and sold or otherwise supplied by him
to any person as are provided for in Part IV. 21. A distiller who fails to comply with any of the conditions of
his licence specified in section 20, commits an offence. 22. A distiller’s licence shall remain valid until revoked in
accordance with the provisions of section 23. 23. The Minister may revoke a distiller’s licence if-
(a) the distiller is convicted of an offence under this Act; or
(b) the Minister is satisfied that it is in the public interest to
revoke the licence:
Provided that, a distiller’s licence shall not be revoked on
the ground only of the Public interest for a period of five years
from the date of its grant. PART IV
TAX PROVISIONS
24.

cence shall not be revoked on
the ground only of the Public interest for a period of five years
from the date of its grant. PART IV
TAX PROVISIONS
24.

Subject to the provisions of this Part, a tax shall be charged,
levied and paid on spirits manufactured by a distiller and sold
or otherwise supplied to any person. 25. The Minister may, by order published in the Gazette,
specify the rate of tax to be charged, levied and paid under this
Part and any such order may specify different rates in respect
of different categories of spirits. 26. The tax payable under this Part shall be a debt due to the
Republic. Effect of breach of
condition
Duration of
licence
Revocation of
distiller’s licence
Tax on spirits
Rate of tax
Tax to be debt
due to Republic

epublic. Effect of breach of
condition
Duration of
licence
Revocation of
distiller’s licence
Tax on spirits
Rate of tax
Tax to be debt
due to Republic

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
27. The Minister may, by order published in the Gazette,
exempt from payment of the tax under this Part-
(a) any category of spirits; and
(b) the spirits or any category of spirits sold or supplied to
any specified person or class of persons. 28. The Minister may make regulations for the better carrying
out of the provisions and purposes of this Part and without
prejudice to the generality of the foregoing may make
regulations-
(a) for the assessment and collection of the tax;
(b) for the appointment of public officers responsible for
the collection of the tax;
(c) for the submission of returns of the production and
sale of spirits; and
(d) providing for the storage of all spirits manufactured
in a distillery and prescribing measures to ensure that
no quantity of any spirit is removed from a distillery
or warehouse for the purpose of sale or supply to any
person without the tax having been first paid in respect
thereof. PART V
GENERAL PROVISIONS
29.

or warehouse for the purpose of sale or supply to any
person without the tax having been first paid in respect
thereof. PART V
GENERAL PROVISIONS
29.

A person who sells or offers or exposes for sale any
traditional liquor, commits an offence and on conviction, shall
be liable, to imprisonment for a term not exceeding five years:
Provided that, this section shall not apply to any sale or
offer or exposure for sale of traditional liquor by a licensee to
a distiller. 30. A person, other than a licensee or a distiller, who has
traditional liquor in his possession, commits an offence and
on conviction shall be liable to imprisonment for a term not
exceeding five years. Exemptions
Regulations
relating to tax
Unlawful sale of
traditional liquor
Unlawful
possession of
traditional liquor

a term not
exceeding five years. Exemptions
Regulations
relating to tax
Unlawful sale of
traditional liquor
Unlawful
possession of
traditional liquor

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
31. A person who consumes traditional liquor, commits an
offence and on conviction shall be liable to imprisonment for a
term not exceeding five years. 32.–(1) It shall be lawful for any police officer not below the
rank of Inspector or any officer of a licensing authority duly
authorised by the licensing authority in that behalf to enter
on and inspect any premises in respect of which a licence
to manufacture traditional liquor has been granted, for the
purpose of preventing or detecting an offence or observing
the state of repair and sanitary condition of the premises or
distillery and the general conduct of the business therein. (2) A licensee or distiller who refuses to admit any such
police officer or officer of a licensing authority to such premises
or distillery, as the case may be, commits an offence.

o refuses to admit any such
police officer or officer of a licensing authority to such premises
or distillery, as the case may be, commits an offence.

33.–(1) A magistrate may, if satisfied on oath that there is
reasonable ground to believe that a traditional liquor is being
unlawfully manufactured, sold, exposed or offered for sale, or
stored or is present at any place within his jurisdiction, grant
a warrant under his hand whereby it shall be lawful for any
police officer, not below the rank of Inspector, at any time or
times within one month from the date of the warrant, to enter,
if need by force, the place named in the warrant, and every
part thereof, and examine and search the same for traditional
liquor, and seize and remove and take before a magistrate any
traditional liquor found therein which there is reasonable
ground to suppose is in the place for the purposes of unlawful
sale at that or any other place, or has been unlawfully
manufactured, or is unlawfully stored or possessed, and the
vessels containing traditional liquor. (2) This section shall apply to traditional liquor in the
process of manufacture and to material and implements used
or intended to be used for the manufacture of traditional liquor
in the like manner as it applies to traditional liquor.

material and implements used
or intended to be used for the manufacture of traditional liquor
in the like manner as it applies to traditional liquor.

Unlawful
consumption of
traditional liquor
Power to enter
and inspect
licensed premises
Search warrant
for detection of
traditional liquor
sold or kept
contrary to law

ion of
traditional liquor
Power to enter
and inspect
licensed premises
Search warrant
for detection of
traditional liquor
sold or kept
contrary to law

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
34.–(1) A person who commits an offence under this Act,
shall, unless some other penalty has been prescribed, on
conviction shall be liable to a fine not exceeding five thousand
shillings or to imprisonment for a term not exceeding two
years or to both. (2) All offences under this Act are hereby declared to be
cognisable offences. 35. Where a person is convicted of any offence under this Act,
the court may order that the traditional liquor in respect of
which the offence was committed together with the vessels
which contained the traditional liquor and, in the case of
conviction for unlawful manufacture of traditional liquor
the materials and implements used for the manufacture of
traditional liquor shall be forfeited to the Government. 36. In any proceedings under this Act, the burden of proving
that the manufacture, sale, supply, offer or exposure for sale,
or possession of traditional liquor was lawful shall be on the
person alleging the same. 37.

he manufacture, sale, supply, offer or exposure for sale,
or possession of traditional liquor was lawful shall be on the
person alleging the same. 37.

The Minister may make regulations for the better carrying
out of the provisions and purposes of this Act except Part IV
thereof and without prejudice to the generality of the foregoing,
may make regulations-
(a) prescribing the fees to be charged for licences granted
under this Act;
(b) prescribing forms for applications for a licence to
manufacture traditional liquor and a licence to distil
traditional liquor;
(c) providing for the maintenance and condition of
premises where traditional liquor is being manufactured
or stored; and
(d) prescribing anything which under the provisions of
this Act may be prescribed. General penalty
Forfeiture
Burden of proof
Regulations

stored; and
(d) prescribing anything which under the provisions of
this Act may be prescribed. General penalty
Forfeiture
Burden of proof
Regulations

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THE TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT [CAP. 384 R.E. 2023]
38. The provisions of the East African Excise Management Act
of the Common Services Organisation shall not apply-
(a) to the manufacture of traditional liquor or distillation
of traditional liquor under a licence granted under this
Act;
(b) to any distillery at which only traditional liquor is
distilled under a licence granted under this Act; and
(c) to any traditional liquor or spirit manufacture under a
licence granted under this Act.
39. [Omitted.]
40. [Revokes the Local Liquor (Moshi) Order.]
41. [Omitted.]
Exemption
from East
African Excise
Management Act
E.A.C.S.O
Act No.
13 of 1952
Omitted
Revocation of
Order
Omitted