The High Court sitting in Embu County has suspended the ban on Muguka in Mombasa and Kilifi counties. The court issued a restraining order preventing the counties from enforcing the ban until July 8, 2024.
The two counties had previously banned the sale, distribution, and use of Muguka. The court’s ruling stated, “That the pending inter parties 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 May 22, 2024, by the 1st Respondent and 2nd and 3rd Respondents to last until the 8th July 2024 when the application shall be heard inter parties.” The respondents must be served with the application within seven days from Tuesday.
Mombasa County was the first to announce the ban on Muguka, with an executive order dated May 22 from Governor Abdullswamad Nassir, which stated that no motor vehicles carrying Muguka would be allowed entry into the county.
On Monday, President William Ruto met with Embu leaders to discuss the Muguka ban. He declared the bans imposed by Kilifi and Mombasa counties as null and void, emphasizing that Muguka is a scheduled crop under the Crops Act 2013 and the Miraa Regulations 2023. These regulations were passed by the National Assembly and the Council of Governors.
“With Muguka having been recognized by national legislation, any other laws or orders that contradict national legislation is null and void,” Ruto stated in a dispatch from State House. He noted that the regulations obligate the government to allocate funds for the farming, licensing, promotion, regulation, transportation, aggregation, selling, marketing, and export of these crops.
Ruto announced that the government would allocate Ksh. 500 million in the 2024-25 Financial Year for value addition of the scheduled crops. This funding is part of a strategy to enhance their aggregation, grading, pricing, packaging, and value addition.
Additionally, Ruto ordered the Ministry of Agriculture and Livestock to convene a meeting with stakeholders to address concerns regarding the sale and use of Muguka.
