Cheers to that! Court declares muratina not an illicit drink
A man drinks muratina during a traditional ceremony.
The High Court has declared that the popular Kikuyu brew known as muratina is not an illicit drink.
In a ruling on Friday, High Court judge Abigail Mshila said the Agikuyu people were free to prepare and consume the brew as part of their culture and tradition and that cultural elders through Kiama Kia Ma with the assistance of local chiefs regulated the preparation and consumption of the brew without prejudice to existing laws.
The judge said the use of muratina as part of the Agikuyu culture was not prohibited by any law because the Alcoholic Beverages Control Act 2010 only regulates alcoholic beverages, including traditional alcoholic beverages.
"The Act does not prohibit traditional drinks and in particular it does not identify muratina as an illegal brew. The defendants (county authorities) were wrong to treat muratina as an illegal brew," the judge said.
The court said the actions of the Kiambu County Commissioner and Ndeiya Sub County Police boss in arresting the council of elders for preparing the brew had no legal basis and were therefore unconstitutional.
The 12 elders led by Anthony Ngumi Gitau of the Ndeiya Traditional Brewers sought the protection of the court arguing that the police officers violated their constitutional rights by arresting them for preparing the brew.
They said they were duly authorised by the Kikuyu cultural elders (Kiama Kia Ma) to prepare muratina for traditional ceremonies and not for commercial purposes.
They said the classification of muratina as illegal suppresses traditional Kikuyu celebrations and discriminates against Kikuyu culture.
The elders said muratina is a Kikuyu cultural brew that has been prepared since time immemorial for traditional Agikuyu ceremonies such as dowry ceremony (ruracio), circumcision ceremony (irua), initiation into the Council of Elders (Kiama Kia Ma), reconciliation of family members (goima cia worohia), prayers for rain, children and land.
Alois Kihiu said in an affidavit that muratina has been around since time immemorial and is prepared for the purpose of blessing traditional ceremonies with Kiama Kia Ma being the National Gikuyu Cultural Association that oversees matters relating to Kikuyu culture.
He said no traditional Kikuyu ceremony can be performed without muratina as such cannot be regulated under the Alcoholic Beverages Control Act.
The elders defended the brew, arguing that it had no health implications as such it should not be suppressed and they should be allowed to participate and enjoy their culture without interference.
Ndeiya sub-county police boss Roselyn Mnyolmo opposed the case, saying that the national laws on the regulation and control of alcohol apply uniformly and override all other county laws.
She said the breweries were closed down for operating contrary to regulations and for possessing alcoholic beverages that did not comply with the requirements of the law.
The police chief said the elders had been asked to approach the relevant authorities to obtain proper licences for the production and sale of muratina.
The court heard that the right to culture was not absolute and that the police were carrying out their mandate in accordance with the law and that this could not be called harassment and that in any case, claims of harassment should be made to the relevant authority.
The district police boss said there was no licence allowing the elders to produce and sell muratina.
Justice Mshila said that unless police officers enforce specific provisions of the Alcoholic Beverages Control Act or any other law, they cannot raid homes, confiscate property and file unfounded charges against licensed muratina brewers.
"These actions violate the cultural rights of the Agikuyu people," she added.
