Petitioners challenge Muguka ban in counties, say it is not a drug

Last week the three counties, Mombasa, Kilifi and Taita Taveta banned the entry, transportation, sale, and use of Muguka and its products.

Peter Odhiambo Agoro and Michael Mutembe Makarina argue that Muguka is not perceived as a drug and that is why it is legal in the country.

It is their case that NACADA has not declared Muguka a narcotic nor banned it, saying that the Miraa regulations 2021 recognises both Miraa and Muguka as legitimate crops in Kenya.

"Muguka is a variety of Miraa by taste, product and active ingredients which is still cathinone, there's no law separating Miraa from Muguka and no single law prohibiting it's sale or consumption," they argue.

The two businessmen say that there was no public participation adding that the ban of a product or service protected through an act of parliament is the sole power of the national government.

The two further argue that county governments cannot choose to regulate to have the legal procedures before undertaking the ban.

"According to Kenyan law, only parliament through the national assembly and senate can declare a substance narcotic or psychotropic through le legislation," reads court papers.

The two now want the court to declare the ban as illegal and unconstitutional.

They also want the court to restrain the three county governments from implementing the said decision.