The High Court has suspended the ban imposed on sale and consumption of Muguka in Mombasa County and Kilifi County.
In response to a petition filed by Kutherema Muguka Society in Embu, Justice Lucy Njuguna issued conservatory orders barring the implementation of the ban announced by the Mombasa County government.
In the court papers seen by The Kenya Times, Justice Njuguna stated that the court was satisfied that the society deserved to be granted the orders and certified the case as urgent.
Consequently, the Court directed that the respondents be served with the petition within seven days from Tuesday, May 28.
“The Court is satisfied that the Applicants deserve to be granted conservatory Orders at this Preliminary and exparte stage,” noted the High Court judge.
“Pending interparty 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 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.”
Also Read: Ruto Breaks Silence on Muguka, Issues Directive
Mombasa and Kilifi counties had banned the selling, sharing, and use of muguka, on 23rd May. The court mentioned that until a decision is made, the counties cannot enforce the ban that was set by the government on May 22, 2024.
The court also said that the government needs to receive the legal papers related to this issue within a week.
Mombasa County government was the first to say there should be a ban on muguka. Governor Abdullswamad Nassir said in a statement on May 22 that vehicles with muguka products wouldn’t be allowed in the county.
“We have tried to come up with regulations so that users and the larger community can co-exist, but they have refused and for this reason I have consulted legally and found my decree to be in order,” reads part of Nassir statement.
He also added that he had signed executive order to ban the entry and consumption of muguka with the county boundaries,
“I have signed an executive order to ban the entry of muguka into Mombasa and to ban the sale and consumption of muguka into Mombasa,” Mombasa Governor noted.
Ruto Reactions to Muguka Ban
On Monday, May 27th May, President William Ruto met leaders from Embu County, including Governor Cecily Mbarire and lawmakers to deliberate on the recent muguka ban.
Also Read: Muguka Farmers & Traders Make Appeal to Govt After Hundreds Lose Jobs
In a statement shared after the meeting, President Ruto affirmed that Muguka is legally classified as a cash crop and, as such, any orders banning sale and consumption is “null and void”.
“With muguka having been recognized by national legislation, any other laws or order that contradicts national legislation is null and void,” Ruto said.
In a subsequent statement on Tuesday, Ruto noted that he had engaged the governors of Mombasa, Kilifi and Taita-Taveta counties on the concerns and directives of muguka.
He added that they have organized a meeting with the Ministry of Agriculture and Livestock this week, to discuss on the affected counties.
Agriculture Cabinet Secretary Mithika Linturi also downplayed the move to ban the sale and consumption of the herb while assuring that his Ministry will convene a consultative forum for all stakeholders in the sector to address concerns raised by counties.
County Government Bans Muguka
Mombasa County became the first county to impose the ban through an executive order issued on Wednesday, May 22.
His Kilifi counterpart Gideon Mug’aro then announced the ban of sale and consumption of Muguka on Friday while Taita Taveta imposed the same in a continuation of the trend in coastal counties.
On Tuesday, May 28, however- Kwale Governor Fatuma Achani noted asserted that no national law prohibits muguka, adding that the County’s approach will focus on regulation rather than prohibition.
“We will not ban the use of muguka due to legal constraints, but we are closely following legal avenues to ensure its use is regulated,” Governor Achani spoke with reporters at the county headquarters.
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