Kikuyu principal magistrate Musyoka has ordered for the release of John Ndung’u Mbiyu after landmark declaration that traditional brew ‘Muratina’ was no longer an illicit brew
The facts of the case were that John Mbiyu, the accused had been certified as the brewer for the traditional brew Muratina that is used in traditional ceremonies. He was appointed as the official brewer with a caveat of him not producing for commercial use.
Principal Magistrate Musyoka said thatthe constitution promotes culture under article 11which states that the state shall promote all forms of national and cultural expression through literature,the arts and traditional celebrations as long as it is not repugnant to justice.
He said that a newly introduced county law cannot override the constitution. The magistrate said that the Muratina was brewed for the purposes of a traditional ceremony . Agikuyu traditional celebrations include the brewing and drinking of Muratina.
John Mbiyu was released and his bail was refunded.
Kiambu county recently passed a bill to regulate the production of illicit brew in the area. many youth in the area have been rendered into hopelessness as a result of illicit brew.
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