Brewing and drinking muratina during traditional ceremonies is not illegal, a court has ruled.
Kikuyu Principal Magistrate D N Musyoka in March did recognise muratina as part of the Kikuyu traditional customs.
He said that the constitution has a mandate to take care of the cultures of all tribes in Kenya and no law created can infringe 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.
The fight against alcoholism especially in Kiambu county has seen many chang’aa dens raided and dozens of vats of the brew poured in a bid to keep the masses sober.
There is a big debate in regards to the legality of the traditional brews of the various communities that makeup the citizenry of the country.We should note that the court made no mention on the commercial sale of muratina.
The magistrate restricted his judgement to serve the purposes of traditional ceremonies such as payment of dowry, marriage and initiation into adulthood.
In the case of the republic against John Ndungu Mbiyu, a muratina brewer, the magistrate found him not guilty as he was only tasked by the Kikuyu council of elders known as Kiama to brew the beverage for a traditional ceremony.
The brew that had been brought to court as evidence was taken back to the chairman of the council and the ceremony that was scheduled for March 24 was given the go ahead.The bail posted by the accused, Mr Mbiyu was returned to him.