Two Kenyans file petition challenging muguka ban in three counties

A case has been filed in court, seeking to challenge the ban on muguka in some counties on the Kenyan coast.

This comes barely a week since Governors Abdulswamad Sheriff, Gideon Mung’aro and Andrew Mwadime issued executive notice that banned the transportation, sale, and distribution of the plant within the three counties.

In the case, the two petitioners are seeking to reverse the muguka ban in Mombasa, Kilifi and Taita Taveta Counties, and want the ban declared unconstitutional pending the hearing and determination of the case.

“That this Honourable court be pinned to conservatory orders suspending the Mombasa County Government Executive Order of 2024, Kilifi County Government Executive Order 1 or 2024 and Taita Taveta County Government Executive Order I of 2024 that bans the entry, transportation, trade, and consumption of Muguka null and void ab initio for being inconsistent with the constitution of Kenya 2010 and contravening the constitution of Kenya 2010 and all relevant local and international laws Kenya bas ratified according to Article 2 (5) and 2 (6) of the Constitution or Kenya 2010 pending the hearing and final determination or 'his mailer,”

“That a declaration be and hereby the Mombasa County Government Executive Order .1 or2024, Kilifi County Executive Order 1 of 2024 and Taita Taveta County Government Executive Order 1 of 2024 an illegality, irregularity, unconstitutional, nun, void ab initio-,”

The two, Peter Odhiambo and Michael Mutembei, also want the three county governments barred from executing the orders.

On Thursday, May 23, Mombasa Governor issued the order banning the sale and use of the substance in the confines of the county. The decision has been attributed to the fight against drug abuse and boosting the productivity of the youth.

A day later, Kilifi County also banned the same substance.

As a result, Embu County government hinted at challenging the ban in court through a statement issued on Friday, just hours after the Kilifi ban.

Embu Governor Cecily Mbarire Mbarire urged muguka farmers in her county to remain calm, saying she would take legal action to protect their livelihoods.

On Sunday, Taita Taveta County joined Kilifi and Mombasa in banning muguka.