Muguka ban by coastal counties challenged in court
Petitioners Peter Odhiambo Agoro and Michael Mutembe Makarina argue that the stimulant is not classified as a harmful drug in Kenya, so it is legal.
The decision by the three coastal counties of Mombasa, Kilifi, and Taita Taveta to ban the trade and consumption of muguka has now been challenged in court.
Petitioners Peter Odhiambo Agoro and Michael Mutembe Makarina argue that the stimulant is not classified as a harmful drug in Kenya, so it is legal. They further argue that the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has not declared muguka a narcotic.
More To Read
- Kilifi North MP Owen Baya withdraws controversial Muguka Bill after DP Kindiki meeting
- Muguka farmers face uncertain future as new Bill seeks delisting
- How Muslim clerics are helping members stay away from drug abuse
- Ruto's pledge as meeting with Coast leaders over muguka ban finally takes place
- Education stakeholders back Mombasa's muguka ban
- Coast leaders ready for Monday meeting with Ruto on muguka ban
According to the petitioners who want the matter dealt with speedily, the Crops (Miraa) Regulations of 2021 recognise both miraa and muguka as legitimate crops in Kenya.
"Muguka is a variety of miraa by taste, product, and the active ingredient, which is cathinone. There's no law separating miraa from muguka and no single law prohibiting its sale or consumption," they say.
The petitioners have also told the court that the three devolved units that have banned muguka neither called nor conducted public participation, so the decision could have emanated from the national government, not counties.
"According to Kenyan law, only Parliament, through the National Assembly and the Senate, can declare a substance narcotic or psychotropic through le legislation," state the court papers in the case filed at the Milimani Courts in Nairobi.
The three have asked the court to declare the ban null and void and issue orders restraining the three county governments from implementing it.
The muguka bans by the three counties have caused a storm in regions where the crop is grown, with Embu County vowing to take court action for reasons including the economic impact.
Deputy Governor Kinyua Mugo said that thus far, they have assembled a team of lawyers that is expected to move to court on Monday to seek guidance on the matter; they want orders living the ban as they seek other avenues of unlocking the stalemate.
Mugo noted there was no justification for banning muguka while allowing the trade and use of miraa.
"The move will disadvantage players in the multi-billion shilling value chain, including farmers, traders, and transporters," he said, adding that the counties also stand to lose millions in the form of levies collected from the trade.
Mugo read malice in the move that came barely two weeks after a team of leaders from Embu, led by Governor Cecily Mbarire, met with Mombasa Governor Abdulswamad Shariff and MCAs to form a joint working team to ensure compliance with the commodity's trade regulations.
He further said there was no scientific evidence proving that muguka is a drug and that no single law prohibits its sale or consumption.
Traders and farmers have expressed concern that they stand to lose revenue and primary sources of livelihood if the decision is not rescinded, and have called for President William Ruto and Deputy President Rigathi Gachagua's intervention.
Muguka is predominantly cultivated in Embu, especially in the dry lower parts of Mbeere South and Mbeere North constituencies.
Other Topics To Read
A section of muguka farmers in that county staged demonstrations against the recent bans in Mombasa and Kilifi, saying they amounted to economic sabotage.
The farmers, who assembled at the Ena Kutherema Muguka Sacco offices in Runyenjes, accompanied by traders and brokers, said they feared massive job losses that would result from the bans.
"Many families rely on the business for survival. The ban will badly affect them," one said.
Top Stories Today
