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Not Illicit: High Court Declared Muratina Integral to Kikuyu Tradition

In a landmark decision on Friday, High Court Judge Abigail Mshila asserted the cultural significance of muratina, a traditional brew of the Kikuyu people, declaring it not illicit and firmly embedded within the fabric of Kikuyu traditions. The ruling comes as a victory for 12 Ndeiya Traditional Brewers who petitioned against harassment and legal action from local authorities.

Judge Mshila’s ruling emphasized that muratina is a vital component of various Kikuyu ceremonies, ranging from dowries to blessings of land, and plays an indispensable role in the daily life of the Agikuyu community. Citing constitutional provisions recognizing the importance of cultural practices and individuals’ rights to engage freely in their cultural life, the judge emphasized the cultural heritage aspect of muratina.

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Despite acknowledging limitations on cultural practices, Justice Mshila underscored that there is no specific law prohibiting the production and consumption of muratina within the confines of Kikuyu traditions. This decision reinforces the protection of cultural rights and traditions against arbitrary interference by administrative authorities.

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Furthermore, the ruling mandates the Kikuyu Council of Elders, known as Kiama Kia Ma, to regulate the preparation and consumption of muratina, ensuring that it complies with existing laws and respects cultural practices. This move not only safeguards the integrity of the brew but also ensures its responsible production and consumption within the community.

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The court’s decision highlights the importance of preserving cultural heritage in the face of regulatory challenges and underscores the need for legal recognition and protection of traditional practices. By affirming the legality of muratina and acknowledging its cultural significance, the judiciary has taken a significant step towards upholding the rights and traditions of the Kikuyu people.

The High Court ruling serves as a testament to the enduring cultural legacy of the Kikuyu community and sets a precedent for the protection of traditional practices across Kenya. Muratina, once subjected to legal scrutiny and harassment, now stands affirmed as an integral part of Kikuyu culture, safeguarded by the principles of justice and cultural heritage preservation.

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