High court suspends ban on Muguka in Mombasa and Kilifi

The High Court sitting in Embu County has suspended the ban on Muguka in Mombasa and Kilifi counties.

In a ruling on Tuesday, Justice Lucy Njuguna issued a restraining order to the counties from effecting the ban on Muguka until July 8, 2024.

The two counties banned the sale, distribution and use of muguka.

“That the pending inter parties hearing and determination of this application a conservatory order be and is hereby granted restraining and/or stopping the respondents and or its agents from effecting, implementing and or enforcing Executive Order No. 1 issued on May 22, 2024, by the 1st Respondent and 2nd and 3rd Respondents to last until the 8th July 2024 when the application shall be heard interpreters,” the ruling read in part.

Justice Njuguna ruled that the application will be served upon the respondents within seven days from Tuesday.

Mombasa County government was the first to announce the ban on the sale and distribution of muguka.

In an executive order dated May 22, Mombasa Governor Abdullswamad Nassir said no motor vehicles carrying the products will be allowed entry into the county.

On Monday, President William Ruto met with Embu leaders to discuss the ban on muguka.

The President said the ban imposed on muguka in Kilifi and Mombasa counties is null and void.

Ruto added 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.

“With muguka having been recognised by national legislation, any other laws or orders that contradict national legislation is null and void,” Ruto said in a dispatch from State House.

He noted that having been passed by Parliament, the regulations obligate the government to allocate funds for the farming, licensing, promotion, regulation, transportation, aggregation, selling, marketing and export of the crops.

To this end, Ruto said the government will pump Sh500 million in the 2024-25 Financial Year for value addition of the scheduled crops as part of the scaling up of their aggregation, grading, pricing, packaging and value addition.

He further ordered the Ministry of Agriculture and Livestock to convene a meeting with stakeholders and address concerns raised on the sale and use of muguka.

But despite the move, the President said the government remains steadfast in its commitment to the fight against drugs, illicit brews and other illegal substances.