- According to the Crops (Miraa) Regulations, the Cabinet Secretary may by a notice in the gazette impose a levy on miraa produce or products.
- The levy imposed shall be at a rate of Sh2 per kilogramme of miraa produce imported or exported.
Image: Handout
Leaders from Muguka growing areas have backed a law that will see muguka and miraa farmers taxed, but protected.
The Crops (Miraa) Regulations, 2023 was published on April 5, 2023 to provide the regulatory framework for the miraa subsector in Kenya, but has never been fully implemented.
Governors from muguka/miraa growing regions in September last year had asked senators to reject the regulations saying their views were not incorporated in the guidelines.
According to the Crops (Miraa) Regulations, the Cabinet Secretary may by a notice in the gazette impose a levy on miraa produce or products.
The levy imposed shall be at a rate of Sh2 per kilogramme of miraa produce imported or exported.
“There shall be a levy imposed on miraa products destined for export based on Free on Board value at a rate of two per cent, imported miraa products at a rate of four per cent of the customs value,” the regulations reads.
In a meeting in Machakos on Thursday, leaders said they support the law because it guarantees protection of farmers and traders.
“Miraa/muguka has a fully funded Directorate from the Government of Kenya established under the Agriculture and Food Authority Act (The Miraa/Muguka, Pyrethrum, and other Industrial Crops Directorate (MPICD)) to regulate, develop, and promote miraa, pyrethrum, and other industrial crops subsectors in Kenya,” said Embu Governor Cecily Mbarire, who read the statement on behalf of leaders from Embu, Meru, Kirinyaga, Tharaka Nithi and Meru counties.
The leaders are protesting bans and irregular levies imposed on miraa and muguka by Coast counties.
The forum, convened by the Ministry of Agriculture and Livestock, brought together a diverse group of stakeholders, including MPs, county government officials, miraa farmers, traders and research experts.
Miraa is categorised as a scheduled crop under the Crops Act, 2013, alongside other key cash crops such as coffee and tea.
The leaders said muguka and miraa are not toxic and that the process of scheduling it involved extensive research on its economic impact, health effects and industrial importance.
"The ministry has recognised the significance of miraa as a crucial economic pillar, generating over Sh13.1 billion in revenue and providing livelihoods to approximately 1.4 million people," Mbarire said.
Despite its recognised importance, stakeholders expressed concern over recent actions by some coastal counties, which have imposed bans and exorbitant tariffs on the sale of miraa and muguka.
"These unilateral and illegal actions amount to economic sabotage," said Peter Kithinji, a muguka farmer from Embu county. "We have a valid court order restraining the Mombasa county government from enforcing these bans, yet they continue to disobey it."
The forum's resolutions highlighted the need for the Ministry of Interior to enforce the court order issued on May 28, 2024, and protect miraa farmers and traders from harassment. "The arbitrary arrests of traders must stop and those detained should be released immediately," Mbarire said.
Stakeholders also called for the coastal county governments to withdraw the illegal charges imposed on miraa, emphasising that such actions set a dangerous precedent.
"If left unchecked, other counties might also impose arbitrary laws, disrupting the national economy and contravening the constitution," she said.
The meeting was attended by Runyenjes MP Muchangi Karemba, Mbeere North MP Geoffrey Ruku, and Embu Women Rep Njoki Njeru among others.
Lawmakers from the Coast region earlier in the week declined to attend the meeting to discuss the muguka ban.
In a statement on May 31, Linturi invited lawmakers from the Coast region for last Thursday's meeting at Maanzoni Lodge.
The lawmakers under the Coast Parliamentary Group and MPs for Taita Taveta, Mombasa and Kilifi thanked the CS for the invitation.
They, however, declined to attend the meeting saying they view muguka as an illicit drug.
"Humbly and respectfully we decline the invitation on the basis that we view muguka as an illicit drug as provided in The Narcotics, Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 and not as a cash crop under the Crops Act," they said in a joint statement.
The MPs said they act with firm and clear instructions from their constituents.
"We are unable to sit at the same table and negotiate with people who are hell-bent on pushing the continuous consumption of a substance that is destroying people at the Coast of Kenya under the guise of an Agricultural crop," they said.
The leaders called on the CS to remove miraa and muguka as scheduled crops from the Crops Act.
They also want his support in assigning it rightly as a narcotic through the introduction of an amendment Bill in the Houses of Parliament.
Linturi had invited MPs Owen Baya of Kilifi North, Richard Chonga (Kilifi South), Paul Katana (Kaloleni), Anthony Mupe (Rabai), Kenneth Charo (Ganze) Laura Amina and Women Representative of Kilifi county Getrude Mwanyanje to the Maanzoni meeting.