The Embu County government has announced plans to take legal action against the recent bans on the sale, supply, and consumption of muguka imposed by Mombasa and Kilifi Counties.
The controversy erupted after Mombasa County Governor Abdulswamad Nassir issued an executive order prohibiting the entry, transportation, distribution, sale, and use of muguka within the county.
Barely a day later, Kilifi County Governor Gideon Mung’aro followed suit, issuing a similar ban.
In a statement released on Friday May 24, Embu Governor Cecily Mbarire revealed that the muguka value chain contributes a staggering Ksh.22 billion annually to Embu’s economy.
With this significant economic impact, Mbarire made it clear that her administration is prepared to take legal action to protect the livelihoods of the community.
Economic Impact of Muguka on Embu’s Economy
“The muguka value chain is estimated to contribute approximately Ksh.22 billion per year to the economy of Embu. Muguka farmers and other players who have invested heavily in the value chain therefore stand to lose in terms of revenue and livelihoods,” said Mbarire.
Also Read: Tough Rules to Regulate Miraa Sale & Use Adopted
Emphasizing the importance of the issue, the governor revealed that the Embu County Government and County Assembly have engaged their legal teams to seek guidance and challenge the bans in court.
Additionally, she urged muguka farmers and stakeholders to remain calm as the county works to resolve the stalemate.
Mbarire Explains the Legal Status of Muguka
At the heart of the governor’s argument is the legal status of muguka.
Mbarire argued that muguka, being a variety of miraa, is a cash crop legally protected in Kenya.
“Muguka is a variety of Miraa by taste, product and active ingredient which is still cathinone. The crop is actually Khat and Miraa as well as Muguka is the local name for Khat.”
“The scheduled crop is Catha edulis which represents all varieties of Miraa which includes Muguka and any other crop that may emerge and contains Catha edulis,” she stated.
She asserted that there is no law separating miraa from muguka or prohibiting its sale or consumption, and therefore, the bans imposed by Mombasa and Kilifi are unjustified.
“There is no law separating Miraa from Muguka and no single law prohibiting its sale or consumption. Muguka is therefore not a drug.”
Mombasa Governor is Criticized
The governor also criticized her Mombasa counterpart, Abdulswamad Nassir, for issuing the directive despite the two leaders previously meeting to establish a joint working team to address the issues surrounding the muguka trade.
“This comes after we met the Governor of Mombasa and Members of the Mombasa County Assembly on 15th May 2024 where we established a joint working team to ensure compliance with the product’s trade regulations and deal with the issues raised by the Mombasa County Government,” she said.
Impact of the Ban on Farmers and Traders
Mbarire highlighted the multi-ethnic nature of the Muguka business, involving farmers from Embu, middlemen from Meru and Central regions, and transporters.
“Muguka farmers and other players who have invested heavily in the value chain therefore stand to lose in terms of revenue and livelihoods,” she said.
She also noted that the muguka value chain contributes approximately Ksh.1 million to Mombasa’s economy per day in transport levies.
Also Read: Mombasa County Bans Use & Sale of Muguka, Gives Ultimatum
The standoff over the muguka bans has sparked concerns among stakeholders, with Embu and Kirinyaga farmers, who supply a significant portion of the product to Mombasa, vowing to fight the decision in court.
They argue that the ban has dealt a severe blow to their livelihoods, as they earn around Ksh.10.8 million daily from the muguka trade.
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