Embu County gov't moves to court over ban on muguka in Mombasa

The Embu County government now says it is moving to court over the recent order by Mombasa County to ban the sale, supply and consumption of the stimulant drug khat popularly known as muguka.

In a statement on Friday, hours after the Kilifi County government also enforced a similar ban, Embu Governor Cecily Mbarire Mbarire said she would take legal action to protect the livelihoods of her community which she said pockets about Ksh.22 billion per year from the sale of muguka.

She called on muguka farmers to remain calm as her administration moves to solve the matter.

“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,” Mbarire said.

“The County Government of Embu and County Assembly of Embu have engaged their legal teams to move to court and seek guidance on the matter. I urge muguka farmers and players in the value chain to exercise calm as we seek avenues to resolve this stalemate.”

The Embu County boss cited the law protecting the sale and distribution of miraa as a cash crop in the country saying muguka could not be isolated from miraa since they are both from the parent plant, khat.

She further underscored its composition in matters of health concerns insisting that muguka is not perceived as a drug and that is why it is legal in the country.  

“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.

“There is no law separating Miraa from Muguka and no single law prohibiting its sale or consumption. Muguka is therefore not a drug.”

Mbarire faulted her Mombasa counterpart Abdulswamad Nassir for issuing the directive despite the two leaders meeting to come up with regulations and solve issues affecting the sale and distribution of muguka.

“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.

According to Governor Mbarire, muguka is a dominant business in the Mt. Kenya region and the rest of the country for various communities and hence banning it will affect the income of many families and the country at large.

“The business of Muguka is multi-ethnic and involves the people of Embu largely as farmers, the people of Meru and Central dominating the business as middlemen 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 noted.

“The Muguka value chain contributes approximately Ksh.1 million to the Mombasa economy per day in transport levies.”