Two businessmen have moved to court arguing that Muguka is not a drug and banning its trade by three coastal counties is illegal.
Peter Agoro and Michael Mutembe have sued three counties Mombasa, Kilifi and Taita Taveta who issued notices last week banning entry, transportation, sale, and use of muguka and its products.
The two argue that Muguka is not perceived as a drug and that is why it is legal in the country.
According to court papers, NACADA has not declared Muguka a narcotic nor banned it saying that the crop regulations 2021 recognises both Miraa and Muguka as legitimate crop in Kenya.
It is their further argument that 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 that there was no public participation adding that the ban of a product or service protected through an act of parliament is the sole power of the national government.
They say that county governments cannot choose to regulate to have the legal procedures before undertaking the ban.
“According to Kenyan law, only parliament through the national assembly and senate can declare a substance narcotic or psychotropic through le legislation,” reads court papers.
They have asked the court to bar the three county governments from implementing the said illegal decision.
