High Court Suspends Ban Of Muguka In Mombasa, Kilifi Counties

The Embu High Court has issued a conservatory order suspending the ban of Muguka in Mombasa and Kilifi counties.

In a ruling on Tuesday, May 28, Justice Lucy Njuguna said she was satisfied with an application filed by the Embu County Assembly and the Kutheremeka Muguka Sacco Society Limited. 

“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 High Court judge also directed the application to be served to the respondents within seven days.

The court order comes after President William Ruto held a meeting with the leadership of Embu County following the ban of Muguka in coastal counties.

Agriculture and Livestock Cabinet Secretary Mithika Linturi, who was also present in the meeting, said that Mũgũka, a variety of Miraa, is a scheduled crop in accordance with the Crops Act 2013 and the Miraa Regulations 2023.

"With Mũgũka 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," part of the statement by State House read.

President Ruto 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.

Governors Abdulswamad Sheriff Nassir (Mombasa) and Gideon Mung'aro (Kilifi) had banned the entry transportation, sale, and use of muguka in their respective counties last week.