European Journal of Law Reform

Article

Post-Legislative Scrutiny in a Decentralized Setting

Opportunities from Alcoholic Drinks Regulation in Kenya

Keywords affordability, alcohol, availability, enforcement, licensing, marketing, post-legislative scrutiny, regulation, regulatory impact, taxation
Authors Francis A. Aywa en Gabriel K. Ndung’u
Author's information

341841 Francis A. Aywa
Francis A. Aywa is Team Leader of DAI’s Deepening Democracy Programme and former Chief of Party of SUNY’s Kenya Parliamentary Strengthening Programme.

341844 Gabriel K. Ndung’u
Gabriel K. Ndung’u is a Legislative Development Specialist and former Deputy Chief of Party of SUNY’s Kenya Parliamentary Programme.
  • Abstract

      Irresponsible alcohol consumption is a complicated regulatory issue globally. Governments’ regulatory regimes for the alcoholic drinks sector are primarily concerned with issues such as control of the production, sale, and use of alcoholic drinks for purposes of safeguarding the health of the individual in view of the dangers of excessive consumption of alcoholic drinks. This article is intended to offer insights on post-legislative scrutiny by drawing on lessons from alcoholic drinks regulation in Kenya. Post-legislative scrutiny as a methodology largely reviews government action or inaction and consequently proposes measures to be undertaken for purposes of managing the effective implementation of its policies and abiding by legal obligations in relation to regulatory frameworks and actions. The intention is to highlight the failures and insufficiencies of the different approaches on alcohol regulation and the manner in which they have been utilized to regulate and control abuse of alcoholic drinks. By comparing regulatory outcomes with the intended policy outcomes and design of regulatory regimes the authors make the case for the primacy of post-regulatory scrutiny and to provide suggestions on how it can be improved in settings such as Kenya’s.

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