Why Busia residents want busaa legalised

Veteran journalist Kennedy Epalat hands the petition to senior sergeant-at-arms Patrick Oroni at Busia county assembly on Monday /HILTON OTENYO

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

Residents, traders and cultural stakeholders have petitioned the Busia county assembly to develop legislation and accompanying regulations to protect and formalise the traditional brew.

The petition was presented by veteran journalist Kennedy Epalat and received by senior serjeant-at-arms Patrick Oroni on Monday.

The petitioners argue the push for legalisation is informed by the fact that many Kenyans cross into Uganda to consume the same brew, where it is legal and regulated, and are calling for a similar framework at home.

Busaa, a traditional drink made from maize and millet through fermentation, is described in the petition as a cornerstone of social life in Western Kenya. It plays an important role in ceremonies such as marriages, initiation rites, dispute resolution and communal gatherings.

The petitioners further argue that, despite thousands of households—especially women and youth—depending on brewing and selling busaa for income, the sector remains largely informal, exposing participants to legal uncertainty and enforcement challenges.

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

Among the proposals in the petition is the enactment of a county law recognising busaa as a legitimate economic activity, alongside the introduction of a simplified and affordable licensing system for those engaged in the trade.

They are also seeking the establishment of clear hygiene and safety standards, the creation of designated consumption zones, protection of licensed brewers from harassment, and the promotion of busaa as both a cultural and tourism product.

Other recommendations include training programmes for brewers to improve production standards and fair taxation mechanisms to boost county revenue.

Speaking after presenting the petition, Epalat said the Alcoholic Drinks Control Act, 2010, does not adequately address traditional brews.

He said the absence of a clear county framework has contributed to unsafe brewing practices, including the use of harmful additives, while also leading to revenue losses for the county.

Epalat said county governments have the authority and obligation to regulate traditional brews responsibly under Article 11 of the constitution on culture and heritage, and the Fourth Schedule.

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.

Observers note that, if adopted, the proposals could formalise the sector, improve public health standards and unlock economic opportunities through job creation and increased county revenue.

Instant analysis

The push to legalise and regulate busaa in Busia reflects a broader tension between cultural preservation and public health regulation. Proponents frame the brew as both a cultural heritage asset and an informal economic lifeline for many households, particularly women and youth. However, regulation raises key policy questions around safety standards, taxation and enforcement capacity at the county level. If adopted, the proposed framework could formalise a long-ignored sector, reduce unsafe brewing practices and expand county revenue streams. It may also set a precedent for other counties grappling with traditional brews, signalling a shift towards structured recognition of indigenous alcohol economies.