The High Court of Kenya has ruled that the traditional Agikuyu Community drink Muratina is legal, delisting it from among a list of illicit brews.
The Kiambu High Court on February 23, 2024, declared the drink legal following a petition by Kikuyu cultural elders.
Justice Abigail Mshila ruled that the Court made a finding that Muratina is not an illicit brew and the Agikuyu are at liberty to prepare and consume it as part of their culture and tradition.
“A declaration be and is hereby made that Muratina is not an illicit brew and the Agikuyu people are at liberty to prepare and consume it as part of their culture and tradition,” Justice Mshila stated.
In the ruling, the judge also said that law enforcers were wrong in treating Muratina as illicit brew, condemning them for raiding homes of people suspected to be brewers.
Further, the ruling stated that actions taken by the law enforcers against brewers for the sole reason that they were brewing Muratina lacked legal basis and hence unconstitutional.
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“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 authorized Muratina brewers,” she added.
Justice Mshila classified these as actions that violate the cultural rights of the Agikuyu people.
Muratina brew
Kikuyu cultural elders had moved to court in June 2023 over the brewing of the popular drink, which is common among Kikuyu community ceremonies.
This came after they were banned by the provincial administration, citing it had been classified as an illicit brew.
The petition was presented by Ndeiya traditional brewers for redress on account of violation of their constitutional right.
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Ndeiya traditional brewers filed the petition citing article 22,23,24,40,50,260 of the constitution.
Further, they cited fair administration Act, Protection of rights and fundamental freedoms, practice and procedure rules.
Led by Kiama kia Ma chairman in Ndeiya Subcounty Ngumi Gitau chairman, the brewers lamented that ceremonies had been put on hold in Ndeiya, as they could not be conducted without the traditional brew.
According to Ngumi Gitau who was among the petitioners, they moved to court to stop provincial administration from harassment of elders who brew Muratina for ceremonies.
“As elders we have been in the frontline in fighting the second-generation brews as we have seen how it has destroyed our children,” he said.
He further stated that even Deputy President Rigathi Gachagua respected the community’s cultural practices as he did not enlist the brew when he declared war on illicit brews.
