A petition has been filed against three counties—Mombasa, Kilifi, and Taita Taveta—for banning the trade and consumption of Muguka. Last week, these counties prohibited the entry, transportation, sale, and use of Muguka and its products.
Petitioners Peter Odhiambo Agoro and Michael Mutembe Makarina argue that Muguka is not considered a drug and remains legal in Kenya. They contend that the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has not classified Muguka as a narcotic, nor has it banned the substance. The petitioners reference the Miraa Regulations 2021, which recognize both Miraa and Muguka as legitimate crops in Kenya.
The two businessmen claim there was no public participation in the decision, emphasizing that banning a product protected by an act of parliament is a power reserved solely for the national government. They argue that county governments lack the authority to impose such bans without following legal procedures.
“According to Kenyan law, only parliament, through the National Assembly and Senate, can declare a substance narcotic or psychotropic through legislation,” reads the court papers.
The petitioners seek a court declaration that the ban is illegal and unconstitutional. They also request that the court restrain the three county governments from implementing the ban.
