Petitioner wants court to legalise traditional brew

Barely two months after court declared the Kikuyu brew, muratina, not illicit an Ukambani traditionalist is seeking same treatment for the Kamba traditional brews kaluvu and mawa.

Augustus Muli, who was recently installed as the national patron of the populous Anzauni clan, on Thursday filed a petition at the Kitui High Court seeking legitimisation of kaluvu and mawa.

He wants the court to issue orders giving Kambas liberty to brew and consume the two traditional brews.

He said categorising the drinks as illicit not only contravenes the  fundamental rights of the Kambas but their cultural rights as well.

The petition was filed by lawyer Charles Mwalimu for the petitioner.

It names Cabinet Secretary for Interior and the Attorney General as the first and second respondents.

The petition will be mentioned on May 28.

“The move by the respondents to classify mawa and kaluvu as illicit discriminates against Kambaa and violates their right to practice their culture,” he said.

Muli wants two brews exempted from licensing by proposing an amendment to Section 7 (3) of the Alcoholic Drink Control Act.

He further wants the court to grant him sole powers to regulate the two brews.

In February, a Kiambu Court declared that the popular Kikuyu brew, known as muratina, is not an illicit drink.

High Court Judge Abigail Mshila said the brew is not illicit and can be prepared as part of the Kikuyu’s culture and traditions.

She however ordered the Kikuyu Council of Elders to regulate the process.

"The court orders the Kiama Kia Ma with the assistance of the local Chiefs to continue to regulate the preparation and consumption of muratina without prejudice and existing laws,"Mshila ruled.

The court's ruling emerged from a petition submitted by 12 Ndeiya traditional brewers, who sought redress due to the infringement of their rights by the Kiambu county commander, county commissioner, Ndeiya OCPD and the area deputy county commissioner.

The brewers informed the court that these administrative officers had subjected them to harassment and legal action, even though they possessed the necessary permission to engage in traditional brew preparation.