Two businessmen have moved to court to challenge the banning  of the sale and consumption of Mugukaa in three counties.

Peter Odhambo Agoro and Michael Mutembe Makarina have sued Mombasa County Government, Kilifi County Government and Taita Taveta County Government which banned the trade of Mugukaa saying no public participation was carried out.

According to the two, the ban of a product or service protected through an act of parliament is the sole power of the national government and therefore the three county governments cannot choose to regulate and have the legal procedures before undertaking the ban.

“According to the Kenyan law, only parliament through the national assembly and senate can declare a substance narcotic or psychotropic through legislation,” they say in court documents.

The two now want the court to declare the ban as illegal and unconstitutional and the court to restrain the three county governments from implementing the said decision.

It is their case that Muguka is not perceived as a drug and that is why it is legal in the country and that NACADA has not declared it a narcotic nor banned it.

“The  Miraa’s regulations 2021 recognizes both Miraa and Muguka as legitimate crop in Kenya .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 in court documents.