High Court Recognizes Muratina as a Cultural Beverage

The High Court of Kenya has issued a landmark ruling that upholds the cultural significance of the traditional Kikuyu beverage muratina.

In her verdict on Friday, Justice Abigail Mshila declared that muratina is not an illegal drink, recognizing its deep-rooted role in Kikuyu customs and traditions. This decision effectively protects the rights of the Agikuyu community to produce and consume the beverage for cultural purposes. Justice Mshila’s reasoning hinges on the absence of any specific mention of muratina as an illegal brew within the Alcoholic Beverages Control Act 2010. She emphasizes that the production and consumption of muratina are regulated by the Kiama Kia Ma, the cultural council of elders, under established traditions.

This self-regulation process ensures compliance with cultural norms and avoids any violation of existing laws. Furthermore, the judge highlighted the cultural importance of muratina. She noted its longstanding presence in various Agikuyu ceremonies, including the dowry ceremony, circumcision, and initiation rituals. The elders, represented by Alois Kihiu, emphasized that muratina serves as a symbolic blessing and an integral part of these traditional practices. They argued that without its presence, these ceremonies lose their cultural significance.

However, the court also acknowledged the need for responsible alcohol management. While upholding the cultural rights of the Agikuyu community, Justice Mshila clarified that these rights are not absolute. She recognized the authority of law enforcement to enforce regulations related to alcohol production and consumption. In response, Ndeiya Sub County Police boss emphasized that the shutdowns of specific breweries were due to non-compliance with regulations and lack of proper licensing. He advised the elders to seek the necessary permits for the commercial production and sale of muratina.

Meanwhile, Kenya’s Deputy President Rigathi Gachagua has declared the government’s firm commitment to tackle the issue of illegal alcohol production and consumption in the country. This announcement follows the recent tragic incident in Kirinyaga County where over 20 individuals lost their lives after consuming illicit brews. Speaking on Thursday, February 22nd, Gachagua outlined a multi-pronged approach involving various government agencies and stakeholders to effectively combat this widespread problem. The proposed measures, which are expected to be implemented within a week, aim to curb the illegal trade of illicit brews and drugs while safeguarding public health.

“The government will not tolerate those involved in the illegal trade of illicit brews and drugs,” Gachagua stated firmly.

Gachagua’s comments came after a consultative meeting with key government officials including Cabinet Secretaries Kithure Kindiki (Interior and National Administration), Njuguna Ndung’u (National Treasury), Susan Nakhumicha (Health), and Attorney General Justin Muturi.