The High Court in Mombasa has certified as urgent a case filed by two Kenyans challenging the ban on muguka in Mombasa and Kilifi counties.
Justice Olga Sewe directed petitioners Peter Agoro and Michael Makarina- to serve their application on the governors of Mombasa, Kilifi and Taita Taveta counties immediately. She said she would issue further directions on the cade on May 31.
The duo in their petition claim that the crop (miraa) regulations 2021 recognise both miraa and muguka as legitimate crops in Kenya.
"Muguka is not perceived as a drug and that is why it is legal in the country. The National Agency for the Campaign Against Drug Abuse (Nacada) has not declared Muguka narcotic nor banned it," they said.
They argue that there is no law separating miraa from muguka and no law prohibiting its sale or consumption and that only the national government has the mandate to effect such a ban.
"The county governments cannot choose to regulate a product or service by banning it altogether," Agoro said.
On May 25, Mombasa Governor Abdulswamad Nassir banned the sale and use of muguka and its products in the county.
In an executive order dated May 22, Nassir said henceforth no motor vehicles carrying the products will be allowed entry into Mombasa.
In the order, Nassir also directed that all outlets whether retail or wholesale selling or distributing the products be closed immediately.
“...The county departments are directed to enforce this order without exception,” it reads in part.
He explained that he had made the decision in consultation with the National Authority for the Campaign for Drug Abuse (Nacada).
He observed that the scientific use of muguka has established that it causes mental health disease and disability.
On Friday, Kilifi Governor Mung'aro followed suit and banned the entry, transportation, distribution, sale, and use of muguka within the county.
Mung'aro further ordered that motor vehicles transporting the product shall not be allowed entry into the county.
He directed multi-agency bodies to swing to action and enforce the order, warning that any officer who would collude with culprits would face the law.