High Court Suspends Muguka Ban In 3 Counties After Ruto Order
Justice Lucy Njuguna issued orders and immediately suspended the ban until the case before the court is heard on June 8.
Viral Tea Ke Writer 
The High Court in Embu has temporarily suspended the ban on muguka in the counties of Mombasa, Kilifi and Taita Taveta.
In a ruling on Tuesday, May 28, Justice Lucy Njuguna issued orders and immediately suspended the ban until the case before the court is heard on June 8.
“That pending interpartes hearing and determination of this application a conservatory order 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 22nd May 2024 by the 1st Respondent and 2nd and 3rd Respondents to last until the 8th July 2024 when the application shall be heard interpartes,” Justice Njuguna directed.
The case had pitted the three counties against the Kutherema Muguka Sacco Society Limited and the county assembly of Embu.
Image of a muguka farm. /FACEBOOK
Other farmers including Peter Odhiambo and Michael Mutembei filed their petition seeking to reverse the muguka ban in the three coastal counties.
"The court has also perused the annexed documents and the relevant Articles of the Constitution, and the Statutory Provisions that the Applicants have relied on, in support of the Substantive Petition and the Application. The Court is satisfied that the Applicants deserve to be granted conservatory Orders at this Preliminary and exparte stage," the statement said.
The High Court judge also directed the application to be served to the respondents within seven days from the date the conservatory orders were issued.
When Mombasa Governor Abdulswamad Shariff Nassir issued the ban, Embu Deputy Governor Justus Kinyua Mugo and Women Representative Pamela Njoki joined residents in the streets to protest the move.
The respective Governors of Mombasa, Kilifi and Taita Taveta had issued executive orders banning the use and sale of the stimulant, citing its adverse effects on the youth in the three devolved units.
The saga surrounding the muguka ban drew the attention of President William Ruto, who met the leadership of Embu County at State House, Nairobi following the ban of Muguka in the coastal counties.
Agriculture and Livestock Cabinet Secretary Mithika Linturi, who was also at the meeting, informed the meeting that Mũguka, a variety of Miraa, is a scheduled crop in accordance with the Crops Act 2013 and the Miraa Regulations 2023.
"With Muguka having been recognised by national legislation, any other laws or order that contradicts national legislation is null and void. The Crops Act 2013 and the Miraa Regulations 2023 were passed by the National Assembly and the Senate and with the concurrence of the Council of Governors," a statement from State House read in part.
The government went on to state that having been passed by Parliament, the regulations obligate the Government to allocate funds for the farming, licencing, promotion, regulation, transportation, aggregation, selling, marketing and export of the crop.
President Ruto consequently directed CS Linturi to convene a consultative forum with all stakeholders to address concerns raised and agree on the implementation of the Miraa/Műgūka Regulations 2023.
