Court suspends implementation of Muguka ban

Muguka farmers and traders in Embu have been given a reprieve after the High Court on Tuesday temporarily lifted the muguka ban for the coastal districts of Mombasa, Kilifi and Taita Taveta.

The interim orders were granted by Embu High Court Judge Lucy Njuguna pending the hearing and determination of the petition filed by the Embu County Government, the County Assembly and the farmers of Muguka under the umbrella of Kutherema Muguka Sacco Society Limited.

“Having considered the attached documents and the relevant articles of the Constitution in support of the application, the court is satisfied that the applicants deserve the grant of protective orders even at this preliminary stage,” the judge ruled.

The orders will remain in effect until July 8, when the application will be heard inter parte.

Last week, the three coastal districts banned the supply, sale and consumption of the herbal stimulant, citing negative effects on consumers, especially young people.

This move sparked demonstrations in Embu, including leading politicians such as Deputy Governor Kinyua Mugo and Women’s MP Pamela Njoki.

Politicians and citizens welcomed the court ruling, arguing that the ban could have led to unemployment for many people, including farmers, traders and transport companies.

They argued that there was no scientific evidence that Muguka was a drug and that there was no law prohibiting the sale and consumption of Muguka.

However, Mugo Mate, chairman of the Embu branch of the Kenya National Chambers of Commerce and Industry (KNCCI), called for mediation between the parties involved to ensure that the ruling does not trigger hostilities.

“I believe that now that the court has lifted the ban, there needs to be a dialogue between the warring parties so that business can continue smoothly until the case is heard and decided,” he said.

Otherwise, Mate said, coastal countries could resort to underhanded tactics, such as imposing hefty taxes on the products, which could technically bring trade to the brink of collapse.