Mombasa, Kilifi, and Taita Taveta are the three counties that last week outlawed the use, sale, and entry of muguka and related products.
A petition for the prohibition of the sale and consumption of muguka has been filed against three counties.
According to Peter Odhiambo Agoro and Michael Mutembe Makarina, the reason muguka is lawful in the nation is because it isn’t seen as a drug.
They contend that NACADA has neither outlawed nor classified mugka as a narcotic, and that both mugka and miraa are recognized as legal crops in Kenya under the 2021 Miraa Regulations.
The two businessmen claim that there was no public involvement and that the national government alone has the authority to outlaw a product or service that is protected by a parliamentary statute.
The two also contend that county governments cannot decide to impose a ban without first deciding to regulate to have the legal processes in place.
Now, the two want the prohibition to be ruled unlawful and unconstitutional by the court.
Additionally, they ask the court to prevent the three county administrations from carrying out the aforementioned ruling.
