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Agriculture and Livestock Cabinet Secretary Mithika Linturi Monday declared the recent bans on Muguka, a variety of Miraa, by Mombasa and Kilifi counties as “null and void.” The bans have sparked a heated debate over their implications and legality.
Mombasa Governor Abdullswamad Nassir and Kilifi Governor Gideon Mung’aro issued executive orders prohibiting the entry, use, and sale of Muguka in their counties, citing health concerns. In response, CS Linturi emphasized that Muguka, being a variety of Miraa, is regulated under the Miraa Regulations (2023) and the Crops Act 2013.
“Muguka is a scheduled crop under the Crops Act 2013, and the purported ban by these counties is invalid,” Linturi stated. He added that the laws regulating Muguka were passed by the National Assembly and the Senate, with the concurrence of the Council of Governors.
Linturi’s remarks followed a consultative meeting at State House with President William Ruto and leaders from Embu County, including Governor Cecily Mbarire. During the meeting, President Ruto directed the Ministry of Agriculture to convene a forum on Muguka Regulations and expedite the formation of a Miraa/Muguka pricing committee under the Crops Act 2013.
“With Muguka recognized by national legislation, any county laws or orders contradicting national legislation are null and void,” announced State House. President Ruto emphasized the importance of scaling up farming aggregation, grading, pricing, packaging, and value addition for Miraa and Muguka.
Muguka is primarily cultivated in Embu County, particularly in the lower parts of Mbeere South and North Constituencies. The Embu County government has vowed to challenge the bans in court, arguing that there is no scientific evidence to classify Muguka as a drug.
Embu Deputy Governor Kinyua Mugo stated, “There is no justification for banning Muguka. We believe the bans are politically motivated and done in bad faith.”
On Monday, May 27, 2024, a petition challenging the bans on Muguka trade and consumption imposed by Mombasa, Kilifi, and Taita Taveta counties was filed in a Mombasa court. Petitioners Peter Odhiambo Agoro and Michael Mutembe Makarina argue that the bans are illegal and unconstitutional. They claim that Muguka is not classified as a narcotic and that its sale and consumption are legal in Kenya.
The petitioners further argue that the county governments overstepped their authority by implementing the bans without public participation. They assert that only the national government, through parliament, has the power to ban a product or service protected by an act of parliament.
Odhiambo and Makarina seek a court order to declare the bans illegal and unconstitutional, and to prevent the three counties from enforcing them.
However, Wednesday, Coastal leaders expressed their openness to discussions with their Embu counterparts regarding the ongoing controversy surrounding the ban of muguka in three coastal counties.
Mombasa Governor Abdulswamad Nassir, leading the initiative, stated that the leaders are prepared to meet with President William Ruto and Embu County representatives to address the issues related to the sale and consumption of muguka, an addictive stimulant, in Mombasa, Kilifi, and Taita Taveta counties.
In a media briefing in Mombasa, Governor Nassir voiced his disappointment over the intimidation and threats received from their counterparts following the ban on muguka in their areas. He said that the leaders were acting on behalf of their constituents, who have raised concerns about the rising criminal activities, particularly among the youth.
Governor Nassir stated that over half of those recovering in rehabilitation centers in the county are muguka users. “We have lifted the ban in compliance with the court order, but I urge the government to channel the same energy used against us into combating hard drugs in our region,” he stated.
Likoni Member of Parliament Mishi Mboko echoed Nassir’s sentiments, urging the president to consider the detrimental effects of muguka, especially on school-going children. Mboko noted that parents are distressed by the increasing mental health issues among their children, which she attributed to muguka consumption.
The ban has garnered support from religious organizations, with Muslim leaders in Mombasa advocating for muguka to be classified as a restricted drug. The Council of Imams and Preachers of Kenya (CIPK), led by National Organizing Secretary Sheikh Mohamed Khalifa, stressed the need for decisions based on research from key agencies like the National Agency for the Campaign Against Drug Abuse (NACADA).
“We should rely on findings and research from NACADA and make informed decisions to protect the health and wellbeing of all Kenyans,” said Sheikh Khalifa.
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