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Kenya Breweries Ltd v. Republic

(1984) JELR 100122 (CA)

Court of Appeal  •  Criminal Appeal 61 of 1983  •  5 Oct 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

JUDGMENT OF THE COURT

The appellant, Kenya Breweries Ltd, manufactures and sells beer under various trade marks and its products are governed by The Food, Drugs and Chemical Substances Act (Cap 254, (The Laws of Kenya)) hereafter referred to as “the Act”), section 3(c) and (d) of that Act prohibits selling of unwholesome, poisonous or adulterated food. It is an offence for any person to sell any food that consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased substance or foreign matter; or is adulterated. Section 5 of the same Act provides that where a standard has been prescribed for any food any person who sells any food which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard, shall be guilty of an offence. These sections are read with section 36 (1) which prescribes the penalties for the offences committed under the said sections.

The appellant was alleged to have sold thr…

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