In a landmark decision that reverberates through Kenyan cultural heritage, the High Court in Kiambu has pronounced muratina, a traditional alcoholic beverage cherished by the Agikuyu community, as legal.
The ruling, issued by Justice Abigail Mshila on February 23rd, has profound implications for the recognition and preservation of indigenous practices in the country.
Muratina, named after a special fruit, holds deep cultural significance among the Agikuyu people. It is not merely a beverage but a symbol of tradition, often used to commemorate significant life events such as birthdays, initiations, and weddings.
The judgment stemmed from a petition filed by Ndeiya Traditional Brewers, who sought justice for members of the Kikuyu Council of Elders arrested for their involvement in muratina production.
The petition challenged the actions of law enforcement officers, including raids and property confiscation, arguing that such actions violated the constitutional rights of the Agikuyu community.
Justice Mshila’s ruling drew attention to the Alcoholic Drinks Control Act of 2010, noting that while the Act regulates commercial alcoholic beverages, it does not explicitly classify traditional drinks like muratina as illicit brews.
“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.
Furthermore, Justice Mshila’s ruling delineated the role of traditional governance structures, such as the Kiama Kia Ma and local chiefs, in regulating the production and consumption of muratina.
“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.”
