Kikuyu cultural elders have moved to court over brewing the Kikuyu traditional drink Muratina for ceremonies after they were banned by the provincial administration citing it had been classified as an illicit brew.
The petition before Kiambu High Court judge Peter Mulwa has been presented by Ndeiya traditional brewers for redress on account of violation of their constitutional right.
They have cited article 22,23,24,40,50,260 of the constitution and fair administration Act, Protection of rights and fundamental freedoms, practice and procedure rules. The constitution and legal mandate of the court to safeguard and uphold the constitutional rights of the citizens regardless of their standing.
The brewers sought stay orders to be granted from the court saying they have put on hold ceremonies in Ndeiya as they cannot be conducted without the traditional Muratina brew.
According to Ngumi Gitau a petitioner, they moved to court to stop provincial administration from harassing elders who brew Muratina for ceremonies. They also want to know whether Muratina is a traditional or an illicit brew.
“As elders we have been in the frontline in fighting the second generation brews as we have seen how it has destroyed our children. When Deputy President Rigathi Gachagua declared war on illicit brews, he did not mention Muratina because he is also a Kikuyu elder and respects cultural practices,” he said.
Ngumi said Muratina has been used since time immemorial by forefathers to bless the community and has been used in every ceremony of the Kikuyu community hence its importance.
“We have faith with the judge handling the matter and we know he will listen to us and give a fair hearing and judgment. The importance of Muratina in kikuyu culture is that is used to bless, used in weddings, circumcision ceremonies , when erecting land beacons, as the brew is made using water, honey, sugarcane, sausage tree and all of them have their meaning,” Ngumi said.
He added that they have had several meetings with the provincial administration over the matter but they have been shifting goal posts.
“We have had talks with the administration but they still invade our ceremonies, harass and arrest some of us for being in possession of Muratina, that is why we decided to move to court so that it can make a judgment,” he said.
He said in other subcounties, the Kikuyu community has undergone the same treatment from the administration of being arrested for being in possession of Muratina, calling on all elders' chairmen in the subcounties to come and be enjoined in the petition.
Ndungu Kuria the elders' lawyer said they are in court under Article 11 of the constitution which talks about culture which is the foundation of the state which cannot suppress the rights to celebrate culture.
“This is a cultural thing which does not need the authority of the government or anyone in administration as it is our basis and no one should interfere. As we speak right now, the administration is saying that Muratina is an illicit brew and people are being harassed and taken to court. We are happy the court gave us a close hearing date," he said.
Ndungu while addressing the court said the situation as it stands is that every kikuyu ceremony in Ndeiya has stopped. He said the petitioners are apprehensive that if stay orders are not granted they will continue being subjected to intimidation by the respondents.
However the judge slated the matter to be mentioned on July 18 for further directions after responses have been done by the respondents and petitioners counsel in 14 days.
Kikuyu Principle Magistrate D N Musyoka in March 2018 recognised muratina as part of the Kikuyu traditional customs and hence not illegal.
He said the constitution has a mandate to protect 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,” Musyoka said in his judgment.
