Busia County, Kenya — Residents, traders, and cultural stakeholders have formally petitioned the Busia County Assembly seeking the legalisation, regulation, and protection of busaa brewing, highlighting its deep cultural roots and economic importance.
Veteran journalist Kennedy Epalat, who presented the petition, said he is prepared to defend it on behalf of residents. Speaking after handing over the document to Senior Sergeant-at-Arms Oroni Patrick, Epalat urged swift action by Members of County Assembly (MCAs).
He noted that many Kenyans cross into Uganda to consume busaa, where it is legalised under regulated hours. He proposed a similar framework for Busia to curb informal trade and retain economic benefits locally.
Cultural Backbone and Economic Lifeline
The petition describes busaa—a traditional fermented drink made from maize and millet—as a cornerstone of social life in Western Kenya. It plays a central role in ceremonies such as marriages, initiation rites, dispute resolution, and communal gatherings.
Petitioners argue that thousands of households, especially women and youth, rely on the brewing and sale of busaa for income. However, the sector operates largely informally, exposing participants to legal uncertainty and enforcement challenges.
“Despite its importance, busaa brewing remains poorly regulated and often criminalised, exposing brewers to harassment, exploitation, and unsafe practices,” the petition states.
Legal Gaps and Safety Concerns
While acknowledging national laws like the Alcoholic Drinks Control Act 2010, the petitioners argue that such frameworks do not adequately address traditional brews. They also reference the outdated Busaa Act 1997, which has since been overtaken by broader alcohol regulations.
The absence of a clear county framework, they say, has contributed to unsafe brewing practices, including the use of harmful additives, while also leading to significant revenue losses for the county.
Citing the Constitution of Kenya 2010—particularly Article 11 on cultural heritage and devolved functions under the Fourth Schedule—the petitioners maintain that county governments have both the authority and obligation to regulate traditional brews responsibly.
Key Proposals in the Petition
The petition outlines several recommendations aimed at transforming the sector:
Enactment of a county law recognising busaa as a legitimate economic activity
Introduction of a simplified and affordable licensing system
Establishment of clear hygiene and safety standards
Creation of designated consumption zones
Training programs for brewers to improve production practices
Protection of licensed brewers from harassment
Fair taxation mechanisms to boost county revenue
Promotion of busaa as a cultural and tourism product
Potential Impact
Observers say that if adopted, the proposals could formalise the sector, improve public health standards, and unlock economic opportunities through job creation and increased county revenue.
The Busia County Assembly is expected to review the petition in line with its standing orders and may recommend legislative or policy action.
If passed, Busia could set a precedent for other counties by establishing a comprehensive legal framework tailored specifically to traditional brews—balancing cultural preservation with modern regulatory standards.
