Two businessmen have filed a petition challenging the decision by Mombasa, Kilifi, and Taita Taveta counties banning the transportation, distribution, and sale of muguka.
Peter Odhiambo Agoro and Michael Mutembe Makarina argued that muguka had not been categorised as a drug by NACADA, and neither did it ban the sale of the crop.
“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 businessmen further accused the three coast governors of allegedly failing to conduct public participation before effecting the ban.
Mutembe and Odhiambo argued that only parliament and the national government have the jurisdiction to ban the crop.
“According to Kenyan law, only parliament through the national assembly and senate can declare a substance narcotic or psychotropic through le legislation,” the court papers read in part.
The business want the ban declared unconstitutional and the three governors; Mombasa’s Abdulswamad Nassir, Kilifi’s Gideon Mung’aro, and Taita Taveta’s Andrew Mwadime – barred from enacting the ban.
