Muratina, a popular Kikuyu booze, has been ruled by a Kiambu Court to not be an illicit drink.
Judge Abigail Mshila of the High Court ruled on Friday that the brew may be made in accordance with Kikuyu customs and culture and that it was not illegal.
Nonetheless, she gave the Kikuyu Council of Elders instructions to control the procedure.
“The court orders the Kiama Kia Ma with the assistance of the local Chiefs to continue to regulate the preparation and consumption of muratina without prejudice and existing laws,”Mshila ruled.
The court’s decision resulted from a petition that twelve Ndeiya Traditional Brewers filed. In their plea, they claimed that the commander of Kiambu County, the county commissioner, the Ndeiya Sub County OCPD, and the local deputy county commissioner had violated their rights.
The brewers told the court that despite having the necessary permits to prepare traditional brews, these administrative agents had harassed them and threatened to sue them.
They made it clear that their permission was only meant to be used for making muratina for customary rituals—not for profit.
The elders contended that the brew was legal based on the assertions made by the administrative officers, and they claimed that the government discriminated against the Kikuyu culture and repressed their customary festivals.
They added that the Alcoholic Drink Control Act No. 4 of 2010 could not control their traditional events, and that they could not be held in its absence.
The petitioners claim that there are no health risks associated with the brew.
Judge Mshila was urged to rule that muratina is not an illicit brew, that it is not covered by the Alcoholic Drink Control Act No. 4 of 2010, that Kiama Kia Ma, the National Gikuyu Cultural Association, is the only entity with authority to regulate it, and that any criminal case brought based on muratina is unconstitutional.
The petitioners’ premises were shut down, according to the respondents, who were led by the Ndeiya Sub County OCPD, because they were accused of operating outside of the law.
They denied any harassment claims, saying the shutdown was completed within the bounds of their legal jurisdiction.
In response to the petition, they claimed that the right to culture is not absolute and has restrictions.
After reviewing the evidence, Justice Mshila came to the conclusion that the Kikuyu community had been making muratina for various events for ages.
This includes offering dowries (ruracio), performing circumcision rites (irua), being initiated into Kiama Kia Ma, bringing family members back together, asking for rain, blessing children, and blessing land.
“The importance of muratina in day-to-day functions and celebrations of the Agikuyu people cannot be overemphasised. It forms the heart of the cultural fabric of the Agikuyu traditions,” the judge stated.
