Busia residents push for law to regulate traditional brew busaa

Residents of Busia County are pushing for a legal framework to regulate the production, sale and consumption of busaa, citing its deep cultural roots and economic importance.

In a petition submitted to the Busia County Assembly, residents, traders and cultural stakeholders are calling for legislation to formalise and protect the traditional brew, which they say remains a key pillar of social and economic life in the region.

The petition, presented by veteran journalist Kennedy Epalat and received by senior sergeant-at-arms Patrick Oroni on Monday, argues that the absence of clear regulation has left the sector vulnerable to exploitation, unsafe practices and lost revenue opportunities.

Petitioners note that many Kenyans routinely cross into neighbouring Uganda to consume busaa, where it is legal and regulated, and want a similar framework adopted locally.

Busaa, a fermented drink made from maize and millet, is described in the petition as a cornerstone of social life in Western, commonly used in ceremonies such as marriages, initiation rites, dispute resolution and communal gatherings.

Despite its widespread cultural acceptance, the petitioners argue that the brew is often criminalised under existing laws, pushing the trade underground.

Thousands of households, particularly women and youth depend on brewing and selling busaa for their livelihoods, yet operate in a largely informal environment.

“Despite its importance, busaa brew is poorly regulated and often criminalised, exposing brewers to harassment, exploitation and unsafe practices,” the petition reads.

Among the key proposals is the enactment of a county law recognising busaa as a legitimate economic activity.

Petitioners are also calling for a simplified and affordable licensing system, the introduction of hygiene and safety standards, and the establishment of designated consumption zones.

They further want protection for licensed brewers from harassment by enforcement officers, as well as the promotion of busaa as a cultural and tourism product.

Additional recommendations include training programmes to improve brewing standards and fair taxation mechanisms to enhance county revenue.

Speaking after presenting the petition, Epalat said the Alcoholic Drinks Control Act, 2010 does not adequately address traditional brews, leaving a regulatory gap that counties must fill.

He argued that the lack of a clear legal framework has contributed to unsafe brewing practices, including the use of harmful additives, while also denying the county potential revenue.

Epalat added that county governments have both the authority and responsibility to regulate traditional brews under Article 11 of the Constitution, which recognises culture as the foundation of the nation, as well as provisions in the Fourth Schedule that assign counties roles in cultural and local trade regulation.