The High Court in Kiambu has declared muratina legal, paving the way for the consumption of the alcoholic drink that is popular among the Agikuyu community.
In a monumental judgment issued by Justice Abigail Mshila on Friday, February 23, the Court deemed that the use of muratina as part of the Agikuyu culture is not prohibited by any law.
As such, Muratina, named after a special fruit, is not an illicit brew.
The judge also referenced the Alcoholic Drinks Control Act, of 2010, arguing that it only regulates alcoholic drinks but does not prohibit traditional drinks. In particular, the Act does not identify muratina as an illicit brew.
Hence, Justice Mshila declared that the Agikuyu people were at liberty to prepare and consume the alcoholic drink as part of their cultural 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 after finding that the petition by Ndeiya Traditional Brewers had merit.
Muratina is a staple drink among the Agikuyu community and is used to celebrate birthdays, initiations, and weddings among others. It is highly regarded for its distinct fruity flavour.
In the petition filed on June 26, 2023, Ndeiya Brewers sought the conviction of police officers accused of violating the rights of the Kikuyu Council of Elders who were arrested for preparing the traditional brew.
Further, Ndeiya Brewers also condemned officers for raiding their homes and confiscating properties of the Kikuyu Community as a measure in the fight against illicit brew.
"The officers were wrong in treating muratina as an illicit brew. Actions taken by the police against the petitioners for the sole reason that they are brewing muratina lack legal basis and hence unconstitutional," Justice Mshila ruled.
"Unless the officers 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. Those actions violate the cultural rights of the Agikuyu people."
While issuing the way forward on the regulation of the drink, the Judge ruled that the Council of Elders ought to continue regulating the preparation and consumption of the drink.
"The Kiama Kia Ma with the assistance of the local Chiefs continue regulating the preparation and consumption of muratina without prejudice to existing laws," she ruled.
Her judgement has since elicited mixed reactions across different sectors, with some stakeholders questioning whether it will open a pandora's box with other communities seeking to legalise their local brews.
