Court Rules that Muratina Isn't an Illicit Liquor

The court has ruled that brewing and consuming muratina during traditional ceremonies is not illegal. In a ruling, Kikuyu Principal Magistrate D N Musyoka said that muratina is part of the Kikuyu traditional customs and cannot therefore be termed as illicit.

He judge noted that the Constitution has a role to protect the cultures of all communities in Kenya and no law created can violate upon those cultural practices.

“They have to celebrate their traditional rites of passage through various ways and muratina (Agikuyu traditional brew) must form part of the celebrations,” Mr Musyoka said in his judgment.

Several chang’aa dens in Kiambu have in the past been raided and hundreds of drums of illicit liquor poured in the fight against alcoholism in the county. There was a big debate in whether traditional brews should be treated as illicit brew.

However, the court made no mention on the commercial sale of muratina. The judge based his judgement only for the purposes of traditional fetes such as payment of dowry, marriage and initiation into adulthood.

The case featured John Ndungu Mbiyu, a muratina brewer, against the State. The magistrate found Ndungu not guilty as he was only tasked by the Kikuyu council of elders (Kiama) to make the beverage to be used during a traditional ceremony.

The judge ordered the brew brought before the court as evidence, be returned to the chairman of the council and gave a go ahead for the ceremony that was set for March 24th.