Feuds over the miraa and muguka trade have taken a new turn after traders took the county government to court over alleged discrimination.
Traders of both stimulants have accused the Mombasa County government of taxing them with excessive and punitive taxes in a bid to drive them out of business.
“Miraa levies are extremely high compared to levies on other products like auto parts, alcohol, tobacco and cement,” the traders claim in their petition.
They add that in addition to the single business license, a new license exclusively for miraa traders and charged at Sh15,000 has been introduced.
In their application filed at the Mombasa High Court, Micheck Makara, Patrick Nkiri and Anthony Mwenda claimed that the levies were formulated without public participation.
This, they say, deprived them of the opportunity to contribute to the formulation of new levies. They say they were not asked to comment on the proposals contained in the 2024 Mombasa County Finance Act.
According to traders, the attack on miraa traders is unjustified as it is classified as scheduled cultivation under the Crops Act and, furthermore, it is encouraged by the national government, which has provided funds to increase its production.
“The defendant should not be allowed to illegally prohibit what Parliament has passed and made lawful,” they argue.
The traders also argue that by subjecting miraa traders to differential and discriminatory treatment, the decentralized unit has sent a message to its agents that miraa traders are not entitled to the protection provided by law, which which exposes them to harassment.
The petitioners further assert that the county government is required to provide a reasonable explanation as to why the levies on miraa are high compared to other products.
They add that the county government has not explained why, while levies for most items remained the same for 2024 as in 2023, miraa levies for 2024 increased massively compared to the year’s levies last.
The petitioners seek a declaration that miraa is a legal crop duly classified as a scheduled crop under the Crops Act.
They also want a declaration that certain elements contained in the Mombasa County Finance Act 2024 are discriminatory and unconstitutional.
Mr Makara says county government leaders, both at the executive and legislative levels, have publicly acknowledged their desire to drive miraa traders out of Mombasa.
The petitioners seek the court to make a precautionary order suspending the implementation of charges relating to certain elements contained in the Mombasa County Finance Act 2024 pending the inter parte hearing of an application.
The court ordered that the documents in the case be served on the county government.
The subject will be discussed on Wednesday May 22.
