As the debate on the muguka ban in Mombasa and Kilifi counties rages on, a legal battle is looming that could affect several other commodities, including mnazi.
Although Mombasa Governor Abdulswamad Nassir continues to get praise from civil society, women and religious leaders in Mombasa for his bold move, the county’s legal department is burning the midnight oil readying for any legal offence against them.
Embu Governor Cecily Mbarire has threatened legal action against the governor and the county government.
She met Nassir and Mombasa MCAs on May 15 to establish a joint working team to ensure compliance with the product’s trade regulations and deal with issues raised by the county.
In a statement on Friday, Mbarire said the muguka value chain contributes an estimated Sh22 billion to the county's economy annually, and Sh1 million daily to the Mombasa county in transport levies.
She said muguka and miraa are the same crop and no law separates them, and at the same time no law prohibits its sale or consumption.
“Muguka is therefore not a drug,” Mbarire said.
However, Nassir insists he will not be intimidated into lifting the ban.
Speaking on Saturday, the governor said muguka sellers can choose any other products to sell and the county will support them.
At least 400 muguka traders at the Kongowea market have been affected by the ban and now say they have nothing to do, nowhere to go and are in a social and economic limbo.
Simon Mutwiri said he makes between Sh2,000 and Sh5,000 from muguka sales a day.
“It is what makes me educate my children and provide for my family,” he said on Saturday.
Women, elders and civil society led by Human Rights Agenda, and ReachOut Centre, have hailed Nassir for the ban.
On Saturday, they led peaceful protest in Mombasa streets in support of the ban.
ReachOut Centre executive director Taib Abdulrahman and Mombasa Women Empowerment founder Amian Abdalla said they have seen first-hand the effects of muguka on the youth.
“We receive them in our centres as they cry for help. Some have developed mental issues and are in Port Reitz,” they said.
Kadzandani MCA Fatma Kushe, who is the Mombasa county assembly health committee vice chairperson, said a research they carried out in 2019 indicates the most affected users are between age groups of 19-30, who are among the most active members of the society.
“That is why in the whole of Kenya, I was the first woman to advocate for the ban of muguka in Mombasa, 10 years ago.”
Muguka farmers and traders in Meru and Embu counties have however denied that muguka is responsible for the behaviours exhibited by users, who have turned into zombies.
They said these must have mixed muguka with other substances.
The Kushe report indicates 51 per cent of muguka chewers in Mombasa chew the leaves alongside softy drinks, 20 per cent accompany it with chewing gums, while about eight per cent chew it alongside alcohol.
“However, about five per cent of the muguka users chewed it with marijuana, shisha, kuber, morogo, mau, roypnol, tambuu, largactil and cocktail,” reads the report in part.
The report showed that 36.5 per cent of males suffered from various health effects related to muguka use, way above the overall mean of 33 per cent, while 25.6 per cent of female users were affected in health.
“Under the mental health effects, 70 per cent of the respondents suffered from lack of sleep while the rest suffered from craving (eight per cent), maniac behaviour/hyperactivity (four per cent) and others who had two per cent and below experienced delusions, anxiety, depression, hallucinations and impaired memory.”
Most of the muguka users who suffered from physical health effects reported poor appetite (28 per cent), sexual dysfunction (23 per cent), teeth discolouration (15 per cent), constipation (10 per cent), increased heart rate (10 per cent), high blood pressure (five per cent), diarrhoea (two per cent) and hyperacidity (two per cent).
The study showed that 18 per cent of the users are involved in criminal activities.
Nassir, while issuing the executive order banning the entry, transportation, distribution, sale and use of muguka and its products in Mombasa, said he relied on the report and legal advice to make his decision.
“I would rather be a poor governor than lead a sick county,” he said on Saturday.
Speaking in an interview with Citizen TV on Saturday, senior counsel Charles Kanjama said counties have a legitimate interest in the health of their residents, and have a legitimate role under the Fourth Schedule of the Constitution in control of drugs and pornography.
“In the case of drugs under the Narcotic Drugs and Psychotropic Substances Act there are certain drugs that are illegal automatically and there are others that are legal in certain cases and need to be controlled,” Kanjama said.
And since counties have a role in regulation of trade, he said, the Mombasa and Kilifi counties are genuinely concerned because they have residents who are abusing muguka and suffering deleterious effects.
He, however, said muguka is not banned under the Narcotic Drugs and Psychotropic Substances Act, and Embu could use that argument in court.
“Embu county is saying the question if banning a substance.... is a role of national government. County governments cannot choose to regulate a service or product by banning it altogether,” the lawyer said.
“It seems to me that that is the correct procedure.”
Gender and Culture Cabinet Secretary Aisha Jumwa on Saturday hailed Kilifi Governor Gideon Mung’aro for banning the use, sale, transportation and distribution of muguka, like his Mombasa counterpart.
The CS said Kilifi should place askaris in all entry points of the county and arrest all those trying to smuggle the leaves.
“We will not intimidated by anyone who says they will go to court. Whatever affects that Embu person also affects that Kilifi person,” she said.
“We will allow any other products. Come sell potatoes and cabbage to us. But whatever affects our children negatively we will protect them jealously. We will not allow,” Jumwa said.
She said enough youth have been destroyed in Kilifi because of muguka.
“In Kilifi, muguka is more than illicit brew and drugs,” she said.