- The High Court in Embu County has suspended the ban on Muguka in Mombasa and Kilifi counties, issuing a restraining order until July 8, 2024
- This decision follows mixed reactions to the ban and a meeting with President William Ruto, who declared the ban null and void, citing national legislation that recognizes Muguka as a scheduled crop
- The President also announced Sh500 million funding for Muguka value addition in the 2024-25 Financial Year, emphasizing the crop’s economic importance
Days after Mombasa and Kilifi counties enforced a controversial ban on Muguka, the High Court in Embu County has intervened, suspending the prohibition and siding with Muguka users and traders.
The court issued a restraining order preventing the counties from implementing the ban until July 8, 2024, when a full hearing on the matter will be conducted.
The court’s ruling came after mixed reactions greeted the ban, which had prohibited the sale, distribution, and use of Muguka.
In an executive order dated May 22, 2024, Mombasa Governor Abdullswamad Nassir announced that no motor vehicles carrying Muguka would be allowed entry into the county.
Kilifi County followed suit with similar measures, leading to widespread criticism and concern among Muguka farmers and traders.
The High Court ruled that the application must be served upon the respondents within seven days from Tuesday, ensuring that all parties are informed and can prepare for the upcoming hearing.
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In response to the ban, President William Ruto met with Embu leaders to discuss the implications and legal standing of such prohibitions.
During the meeting, President Ruto declared the ban null and void, emphasizing that Muguka is recognized as a scheduled crop under the Crops Act 2013 and the Miraa Regulations 2023.
These regulations, passed by the National Assembly and endorsed by the Council of Governors, provide a legal framework for the cultivation, sale, and distribution of Muguka.
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“With Muguka having been recognized by national legislation, any other laws or orders that contradict national legislation are null and void,” Ruto stated in a dispatch from State House.
He further noted that the regulations mandate the government to allocate funds for various aspects of Muguka farming, including licensing, promotion, regulation, transportation, aggregation, selling, marketing, and export.
President Ruto announced that the government would allocate Sh500 million in the 2024-25 Financial Year for the value addition of scheduled crops, including Muguka.
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This funding aims to enhance aggregation, grading, pricing, packaging, and value addition processes, thereby supporting farmers and ensuring the economic viability of the crop.
Despite supporting the legal status and economic importance of Muguka, President Ruto reiterated the government’s commitment to combating drugs, illicit brews, and other illegal substances.
He instructed the Ministry of Agriculture and Livestock to convene a meeting with stakeholders to address concerns related to the sale and use of Muguka.
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The court’s decision and the President’s statements have brought relief to many in the affected regions, where Muguka farming is a significant source of livelihood.
