High Court Suspends Muguka Ban in Mombasa and Kilifi
The Embu High Court has issued a temporary order halting the ban on Muguka in Mombasa and Kilifi counties.
On Tuesday, May 28, Justice Lucy Njuguna stated she was convinced by an application submitted by the Embu County Assembly and the Kutheremeka Muguka Sacco Society Limited.
“Pending the interpartes hearing and determination of this application, a conservatory order is hereby granted to restrain and/or stop the Respondents and their agents from implementing Executive Order No. 1 issued on May 22, 2024, by the 1st Respondent and the 2nd and 3rd Respondents until July 8, 2024, when the application will be heard interpartes,” Justice Njuguna directed.
The High Court judge also mandated that the application be served to the respondents within seven days.
This court order follows a meeting between President William Ruto and the leadership of Embu County regarding the ban on Muguka in coastal counties.
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Agriculture and Livestock Cabinet Secretary Mithika Linturi, who attended the meeting, noted that Muguka, a type of Miraa, is classified as a scheduled crop under the Crops Act 2013 and the Miraa Regulations 2023.
“Given that Muguka is recognized by national legislation, any other laws or orders that contradict national legislation are null and void. The Crops Act 2013 and the Miraa Regulations 2023 were passed by the National Assembly and the Senate with the Council of Governors’ agreement,” read a statement from the State House.
President Ruto instructed CS Linturi to organize a consultative forum with all stakeholders to address the raised concerns and reach an agreement on the implementation of the Miraa/Muguka Regulations 2023.
Governors Abdulswamad Sheriff Nassir (Mombasa) and Gideon Mung’aro (Kilifi) prohibited the entry, transportation, sale, and use of Muguka in their respective counties last week.
High Court Suspends Muguka Ban in Mombasa and Kilifi