Police and courts have no authority to charge a person caught drunk before authorized hours, office of the Director of Public Prosecution has said.
The communiqué comes at the time several people are facing cases in court for being drunk before 5pm local time.
In a letter addressed to Eldoret Magistrate Court, Senior Prosecution Counsel Job Mulati said the only charged which can stand is selling alcohol before time.
"We have received complaints from a person charged with drinking before hours.
"Such charge does not exist. We only charge those selling alcohol before hours. Kindly drop those charges immediately," reads part of the letter.
The 10th Parliament through former Naivasha MP John Mututho passed stringent regulations that governs drinking and selling of alcohol.
Bars and other operators are only allowed to open their premises at 5pm and close at 11pm, failure to which they would face stiff penalties from the state.
The clarification would see many people facing such charges released from police cells and remands across the country.
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