High Court Temporarily Halts Muguka Ban in Mombasa, Kilifi and Taita Taveta

The High Court in Embu County has issued a temporary suspension of the ban on muguka in Mombasa and Kilifi counties.

Lady Justice Lucy Njuguna has granted a conservatory order restraining the respondent counties from enforcing Executive Order No. 1, issued on May 22, 2024, which prohibited the sale, distribution, and use of muguka within their jurisdictions. This restraining order will remain in effect until the inter partes hearing scheduled for June 8, 2024. The legal challenge to the ban was initiated by the County Government of Embu which assembled a team of lawyers to seek guidance on the matter.

Deputy Governor Kinyua Mugo says that the county took this step in response to the Governors of Mombasa, Kilifi, and Taita Taveta issuing executive orders to prohibit muguka, a herbal stimulant made from the leaves of the Catha edulis plant, commonly chewed for its mild stimulant effects akin to caffeine. Public health advocates have lauded the ban, citing concerns about the potential harm of muguka consumption, particularly among the youth. However, the court's decision aims to strike a balance between safeguarding public health and protecting the rights of individuals and businesses involved in the muguka trade.

The suspension of the ban provides temporary relief for farmers and traders whose livelihoods depend on this industry. The debate surrounding muguka use has been contentious with proponents arguing for its economic significance and opponents highlighting the associated health risks, such as addiction, dental problems, and cardiovascular issues. As the legal battle continues, stakeholders must carefully weigh the potential benefits and risks associated with muguka use, especially among the youth population.