Rédaction Africa Links 24 with Kenyans.co.ke
Published on 2024-02-24 13:38:09
The High Court in Kiambu made a groundbreaking decision by declaring the traditional alcoholic drink known as muratina legal, allowing the Agikuyu community to consume it without facing legal repercussions. This ruling was issued by Justice Abigail Mshila on February 23, stating that muratina is not considered an illicit brew and is an essential part of the Agikuyu culture.
Justice Mshila highlighted that the Alcoholic Drinks Control Act of 2010 focuses on regulating alcoholic beverages but does not specifically prohibit traditional drinks like muratina. Therefore, the Judge emphasized that the Agikuyu people have the right to prepare and enjoy muratina as a cultural practice.
Muratina, named after a special fruit, holds significant cultural value among the Agikuyu community and is often used to mark various occasions such as birthdays, initiations, and weddings. The drink is known for its unique fruity flavor, making it a cherished tradition within the community.
The legal battle surrounding muratina stemmed from a petition filed by Ndeiya Traditional Brewers, seeking justice for police officers who had arrested members of the Kikuyu Council of Elders for brewing the traditional drink. The petition also condemned the confiscation of properties belonging to the Kikuyu Community under the guise of fighting illicit brews.
Justice Mshila ruled in favor of the petitioners, stating that law enforcement cannot treat muratina as an illicit brew without proper legal grounds. The Judge emphasized that such actions violate the cultural rights of the Agikuyu people and called for a more nuanced approach in enforcing regulations regarding the drink.
Moving forward, Justice Mshila directed the Council of Elders, specifically the Kiama Kia Ma, to continue overseeing the preparation and consumption of muratina in collaboration with local Chiefs. This decision aimed to strike a balance between upholding cultural traditions and adhering to existing laws.
While the ruling has been met with mixed reactions from various stakeholders, with concerns about potential implications for other communities seeking to legalize their local brews, it represents a significant victory for the Agikuyu community. The decision reaffirms the importance of cultural practices and traditions in the face of evolving regulatory frameworks.
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