A petition has been lodged against the recent ban on Muguka trade and consumption imposed by three Kenyan counties Mombasa, Kilifi, and Taita Taveta.
Peter Odhiambo Agoro and Michael Mutembe Makarina filed the petition, contesting the ban’s legality.
They argue that Muguka is not classified as a drug and is legally permissible in the country.
According to the petitioners, the National Authority for the Campaign against Alcohol and Drug Abuse (NACADA) has not designated Muguka as a narcotic, and the 2021 Miraa regulations recognize both Miraa and Muguka as lawful crops in Kenya.
Asserting that Muguka shares similarities with Miraa in taste, product, and active ingredients, they maintain that no specific law prohibits its sale or consumption.
Agoro and Makarina contend that there was no public participation in the decision to ban Muguka and stress that only the national government has the authority to ban a product protected by parliamentary legislation.
They further argue that county governments lack the discretion to regulate without following legal procedures.
According to them, Kenyan law stipulates that only parliament, through the national assembly and senate, can declare a substance as narcotic or psychotropic through legislation.
Seeking judicial intervention, the petitioners urge the court to declare the ban illegal and unconstitutional.
They also seek an injunction restraining the three county governments from enforcing the ban.
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