The Mugukua stimulant has stimulated a vicious court litigation amid political overtures even as the Embu High Court temporarily suspended the executive orders banning the sale, distribution, and consumption of muguka in Mombas, Kilifi and Taita Taveta Counties until a case on the same is heard and determined.
While issuing the verdict today, Lady Justice Lucy Njuguna certified the petition, lodged by the Embu County Assembly and Kutherema Muguka Sacco Society, urgent further adding that the conservatory orders will stay valid until July 8, 2024.
“That pending interpartes 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 interpartes. The application will be served upon the respondents within seven days from today.” Justice Njuguna ruled.
Njuguna likewise directed that the application be served to the respondents within seven days from today.
Yesterday, the Mombasa High Court certified a similar case urgent with Lady Justice Olga Sewe directing that the application be served on the respondents and responses, if any, be filed within three days from the date of service.
The application in Embu will be heard interpartes on July 8 while the Mombasa High Court will issue further directions on the matter on May 31.
Embu County muguka farmers on Saturday held demonstrations protesting the recent ban on muguka trade in Mombasa and Kilifi Counties.
The farmers, who assembled at the Ena Kutherema Muguka Sacco offices in Runyenjes, accompanied by muguka traders and brokers, decried what they claim to be massive job losses that will be occasioned by the ban.
The farmers likewise insisted that muguka is a government gazetted cash crop and refuted claims that it is a drug.
The demos came after Mombasa governor Abdulswamad Nassir on Thursday issued an executive order banning the sale, supply and consumption of khat, popularly known as muguka, across the county.
Nassir made the decree at Port Reitz Hospital, Mombasa, highlighting the pervasive consumption of the stimulant drug at the Coast, including among school-going children.
According to Nassir, muguka traders have ignored laws put in place to safeguard children from the drug’s influence, with some even going as far as selling the drug to minors.
On Friday last week, Kilifi Governor Gideon Mung’aro similarly banned the entry, sale, and use of muguka within the county.
Governor Mung’aro further decreed that motor vehicles transporting the product will not be allowed entry into the county.
He directed multi-agency bodies to swing to action and enforce the order, warning that any officer who would collude with culprits would face the law.
Following Mung’aro’s decree, Kilifi Governor Andrew Mwadime likewise followed suit, outlawing the drug.
The Embu County government subsequently said it would move to court to challenge the ban in the three counties.
In a statement issued last week, Embu governor Cecily Mbarire Mbarire said she would take legal action to protect the livelihoods of her community which she said pockets about Sh22 billion per year from the sale of muguka.
Yesterday, President William Ruto termed the ban imposed on muguka in Kilifi and Mombasa counties as null and void.
The president said muguka is recognised by the law as a crop hence any other orders contradict the national legislation.
“With muguka having been recognised by national legislation, any other laws or orders that contradict national legislation is null and void.” Ruto said.
