Embu County to sue over muguka ban in Mombasa, Kilifi counties

Embu County plans to sue over the recent ban on Muguka in Mombasa and Kilifi Counties, arguing the move could significantly impact its local economy, which earns approximately Sh22 billion annually from the sale of Muguka.

Embu Governor Cecily Mbarire expressed dissatisfaction with the ban, stating the move comes after she and Embu MCAs met with the Mombasa Governor Abdulswamad Sheriff Nassir and Members of the Mombasa County Assembly on May 15, 2024, where they established a joint working team to ensure compliance with the product's trade regulations and address the issues raised by the Mombasa County Government.

Governor Mbarire said that Muguka, a variety of miraa known for its affordability and higher cathinone levels, plays a crucial role in the Embu economy.

"My attention has been drawn to the Executive Order issued by the Governor of Mombasa Abdulswamad Sheriff Nassir, prohibiting the entry, transportation, distribution, sale, and use of Muguka and its products within Mombasa County," stated Embu Governor Cecily Mbarire.1

"The Muguka chain is estimated to contribute approximately Sh22 billion per year to the economy of Embu. Muguka farmers and other players who have invested heavily in the value chain therefore stand to lose in terms of revenue and livelihoods."

Mbarire also highlighted the broader economic implications of the ban.

"The Muguka value chain contributes approximately Sh1 million to the Mombasa economy per day in transport levies," she noted.

"There is no law separating miraa from muguka and no single law prohibiting its sale or consumption,” Mbarire said, defending the legality of the trade.

Governor Nassir issues Executive Order No. 1 of 2024 banning Muguka. pic.twitter.com/ljtwc4B3Ro

— Abdulswamad Sheriff Nassir (@A_S_Nassir) May 23, 2024

She said Muguka is a variety of miraa by taste, product and active ingredient which is still cathinone.

“The crop is actually khat and miraa as well as Muguka is the local name for Khat. The scheduled crop is Catha edulis which represents all varieties of miraa which includes muguka and any other crop that may emerge and contains Catha edulis. Muguka is therefore not a drug,” Mbarire argued.

To address the ban, the County Government and County Assembly of Embu are preparing to take legal action.

"We have engaged our legal teams to move to court and seek guidance on the matter as we anticipate similar orders from other counties at the Coast," Mbarire announced.

She urged muguka farmers and stakeholders to remain calm as the county seeks a resolution.

Embu Governor Cecily Mbarire and her Mombasa counterpart Abdulswamad Sheriff Nassir on May 15, 2024, address the press after consultations on the control and sale of miraa/muguka in Mombasa County. (Photo: Mombasa County Government)

Last week, Mombasa County enacted a stringent law banning the entry, transportation, distribution, sale, and use of muguka and its products within its jurisdiction.

The law, signed by Governor Abdulswamad last Thursday took immediate effect. He said the decision follows extensive public consultations and input from the National Authority for the Campaign Against Drug Abuse (NACADA).

He said the new law aims to protect public health and address substance abuse issues within the county.

"The health and well-being of our residents take precedence over any commercial interests," he said.

The move was backed by Members of the County Assembly.