Published on February 25, 2024 by Kenneth Wepukhulu
Last Updated on 3 years by Kenneth Wepukhulu
A popular Kikuyu brew, known as muratina, is not an illicit drink, the High Court has declared.
Sitting at the High Court in Kiambu, Lady Justice Abigail Mshila on Friday,February 23rd, 2024 ruled that the brew was not illicit and could be prepared as part of the Kikuyu’s culture and traditions.
She however ordered the Kikuyu Council of Elders to regulate the process.
“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 ruling emerged from a petition submitted by 12 Ndeiya Traditional Brewers, who sought redress due to the infringement of their rights by the Kiambu County commander, county commissioner, Ndeiya Sub County OCPD, and the area deputy county commissioner.
The brewers informed the court that these administrative officers had subjected them to harassment and legal action, even though they possessed the necessary permission to engage in traditional brew preparation.
They clarified that their authorization was specifically for brewing muratina for traditional ceremonies, not for commercial purposes.
Arguing that the brew was not illicit as per the statements of the administrative officers, the elders said the averment suppressed the Kikuyu traditional celebrations and discriminated the culture.
Further, they said their cultural celebrations could not be performed in its absence, adding that the same could not be governed by the Alcoholic Drink Control Act No 4 of 2010.
According to the petitioners, the brew has no health implications.
They urged Judge Mshila to declare that muratina is not an illicit brew, that it is not a subject to the Alcoholic Drink Control Act No 4 of 2010, that its regulations solely fall on Kiama Kia Ma, the National Gikuyu Cultural Association and that any criminal case instituted on the basis of muratina is unconstitutional.
On their side, the respondents, led by Ndeiya Sub County OCPD, asserted that the petitioners’ premises were shut down based on accusations of operating against the regulatory framework.
They refuted the allegations of harassment, stating that the closure was carried out within the confines of their legal authority.
In opposition to the petition, they argued that the right to culture is not absolute and has limitations.
Upon review, Justice Mshila concluded that muratina has been traditionally brewed by the Kikuyu community since time immemorial for various ceremonies.
This is including dowries (ruracio), circumcision ceremonies (irua), initiation to Kiama Kia Ma, reconciliation of family members, praying for rain, blessing of children and blessing of 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.
She noted that Article 11 of the Constitution acknowledges culture as the basis of the nation, while Article 17(2) of the African Charter on Human and People’s Rights ensures that individuals can freely engage in the cultural life of their community.
Even though the court acknowledged limitations on the right to cultural practices, the judge decided that there is no law prohibiting the Kikuyu traditional brew.
“Unless the respondent enforce specific provisions of the Alcoholic Drinks Control Act or any other law, they cannot raid homes, confiscate property and prefer unfounded charges against authorised muratina brewers. Those actions violate the cultural rights of the Agikuyu people,” Justice Mshila ordered.
