Senator Ali Roba slams proposed bill to declassify miraa as a drug

Mandera Senator Ali Roba has strongly criticised the proposal to introduce a bill aimed at reclassifying the lethal chemical substances cathine and cathinone, which are present in muguka and miraa.

He has described the notion as a blatant mockery of parliamentary responsibilities.

"The notion of introducing a bill to declare or remove the two lethal chemical substances, cathine and cathinone, present in muguka and miraa is, to say the least, a blatant mockery of parliamentary responsibilities," the senator said on Tuesday.

The principal object of Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2024 is to delete Cathinone and Cathine, being substances found in Miraa, from the ambits of the Narcotic Drugs and Psychotropic Substances (Control) Act.

The presence of cathinone and cathine in miraa which are classified in the Narcotics and Psychotropic Substances (Control Act) remains a legal hurdle in the development of miraa.

The legislator argued that determining whether a substance is a drug or not is a matter of scientific testing, not parliamentary debate.

He drew comparisons to other well-known drugs, questioning the logic behind the proposal.

"Do we need a parliamentary debate to determine whether a substance is a drug or not? Can a parliamentary debate alter the chemical composition of heroin or cocaine if someone claims that these substances harm their business and therefore should be declared non-harmful by parliament?" the Senator posed.

He emphasised that the dangerous nature of substances like cocaine, heroin, muguka, bhang, and miraa has already been established through their chemical contents.

"If a substance is dangerous and lethal, it remains so regardless of what it is called. We do not need a parliamentary debate to determine whether cocaine, muguka, bhang, heroin, and Miraa are lethal drugs, as this has already been established through their chemical contents," Ali asserted.

NACADA stand

In May 2023, the National Authority for the Campaign against Drug Abuse (NACADA) classified miraa as a drug.

NACADA CEO Victor Okioma highlighted that miraa is a drug that "is responsible for many substance use disorders".

"There are people who are in rehabilitation centres for use of miraa. However, the most problematic khat is the type known as muguka. Our studies have shown that it Narcotics, Drugs and Psychotropic Substances Act as harmful substances," he stated.

"The position of NACADA is that miraa is harmful and muguka is even more harmful. This is why we are discouraging expansion of markets and are against attempts to process it into juices and wine," he added.

Going further, the Mandera Senator pointed out the absurdity of attempting to reclassify these substances through legislative means.

"Proposing a bill to parliament to reclassify certain chemicals from being considered lethal drugs is utterly absurd for any government, as it is akin to shooting oneself in the foot," he remarked.

The legislator suggested that instead of wasting time and resources on such proposals, the government should focus on supporting farmers to transition to other cash crops.

"It should be banned and farmers advised to divest in other cash crops. If there is any noble cause to spend government money on, it is to support these muguka/miraa farmers to help them divest in other cash crops. Let's protect our population," he concluded.

Insecurity link

At the same time, Fafi MP Salah Yakub claimed that the two stimulants have led to regional insecurity and should be completely banned.

Yakub who was speaking in his constituency stated that people involved in terrorist activities have been hooked on drugs, including muguka.

“Terrorists use these stimulants to lure our boys into terrorists groups and the end result is the insecurity you witness happening in our region,” he added.

The muguka debate came after Mombasa, Taita Taveta and Kilifi counties two weeks ago banned entry, transportation, distribution, sale, and use of muguka within their boundaries.

Embu County government subsequently said it would move to court to challenge the ban in the three counties.

Last week, President William Ruto met with Embu leaders at State House and announced that the ban imposed on muguka in Kilifi and Mombasa counties was null and void.

The Head of State pointed out that muguka is a scheduled crop in accordance with the Crops Act 2013 and the Miraa Regulations 2023.

The Miraa Regulations 2023 were passed by the National Assembly and the Council of Governors in concurrence of the council of governors.

Ruto added that the two pieces of legislation were passed by the National Assembly and the Senate with the concurrence of the Council of Governors

However, Last week on Tuesday, The High Court in Embu temporarily suspended the executive orders banning the sale, distribution, and consumption of muguka in Mombasa, Kilifi and Taita Taveta Counties until a case on the same is heard and determined.

While issuing the verdict, Lady Justice Lucy Njuguna certified the petition, lodged by the Embu County Assembly and Kutherema Muguka Sacco Society, as urgent further adding that the conservatory orders will stay valid until July 8, 2024.

The President also stated that Governors from Mombasa, Kilifi and Taita Taveta had agreed to attend a stakeholders meeting addressing concerns raised on the sale and use of muguka after he engaged them.

The meeting was to be convened by the Ministry of Agriculture and Livestock and attended by stakeholders in order to address concerns raised on the sale and use of muguka.

However, on Tuesday, Agriculture Cabinet Secretary Mithika Linturi urged all the six coastal governors to embrace dialogue arguing that Muguka was a stimulant.

"It is only through dialogue with all actors that we will find a lasting solution to the concerns raised. The platform will also enable us to agree on how the existing legislation will be implemented to the latter," Linturi urged.

He added that he was wary of talks plummeting after the leaders vowed to skip a stakeholders' meeting he planned to hold on Thursday to address their grievances.

However, Governors Abdulswamad Sheriff Nassir (Mombasa), Gideon Mung'aro (Kilifi), Andrew Mwadime (Taita Taveta), Fatuma Achani (Kwale), Dhadho Gaddae Godhana (Tana River), and Issa Timamy (Lamu) declined Linturi's invite.

The coastal governors accused him of backing Embu and Meru traders, arguing that he comes from the region.