The High Court sitting in Kiambu has declared that Muratina, a traditional drink of the Agikuyu community, is not an illicit brew.
The ruling came as part of a Constitutional petition centered on preserving traditional practices and culture.
Judge Mushila, presiding over the case involving 12 petitioners, stated that Muratina does not fall under the category of illicit brews.
This decision affirms the Agikuyu people’s right to prepare and consume Muratina as an integral part of their cultural and traditional heritage.
“The Kiama Kia Ma, with the assistance of local Chiefs, is permitted to continue regulating the preparation and consumption of Muratina without prejudice to existing laws,” declared Judge Mushila.
The case originated from a petition filed on June 26, 2023, by the Ndeiya Traditional Brewers seeking redress for the violation of their constitutional rights.
The petitioners alleged that state administrative officers, operating under the Office of the President and the National Police Service, infringed upon their rights by harassing and arraigning the Kikuyu Council of Elders for preparing the traditional brew.
The respondents had cited the Alcoholic Drink Control Act No. 4 of 2010, claiming that Muratina was illicit and therefore not in compliance with the law.
However, the petitioners argued that Muratina has been an integral part of Agikuyu culture since time immemorial, traditionally used for blessing ceremonies.
The Kiama Kia Ma, recognized as the National Gikuyu Cultural Association overseeing matters relating to Kikuyu Culture, has been instrumental in preserving and promoting the cultural significance of Muratina.
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