Despite the recent reversal of the muguka ban by President William Ruto, there are still ongoing tensions and debates surrounding the regulation of this stimulant crop in Kenya. The dispute began when the Governors of Mombasa, Kilifi, and Taita Taveta counties issued executive orders to prohibit the entry, transportation, sale, and consumption of muguka within their jurisdictions, citing concerns over its harmful effects on public health, particularly among the youth.

Mombasa, Kilifi and Taita Taveta Governors’ Stance

The governors of Mombasa, Kilifi, and Taita Taveta counties took action to ban muguka, citing several key reasons:

• Mombasa Governor Abdulswamad Nassir banned muguka, stating that scientific evidence had “unequivocally established that muguka consumption causes mental health issues and disability, leading to devastating health, socio-economic, and environmental consequences.”
• Kilifi Governor Gideon Mung’aro and Taita Taveta county also issued similar bans, with Kilifi leaders blaming the stimulant for alleged increased immorality and poor health among the youth.
• The governors argued that the ban was necessary to promote the right to health of residents and instill health consciousness, as muguka was placing a heavy burden on the county’s health infrastructure.

Response from Embu County

The muguka ban, however, faced strong opposition from Embu County, where muguka is a major cash crop:

• Embu Deputy Governor Kinyua Mugo and Woman Representative Njoki Njeru led local residents in demonstrations, criticizing the Mombasa governor’s decision and arguing that growing and selling muguka is a legal business that locals depend on for survival.
• Embu farmers claimed that muguka is not a hard drug and that no consumers had been adversely affected compared to the use of marijuana or alcohol.
• The Embu County Government assembled a team of lawyers to seek legal guidance on the matter and successfully obtained a temporary suspension of the ban in Mombasa and Kilifi counties from the High Court.

Involvement of National Government

The muguka controversy also drew the attention of the national government:

• ​President William Ruto intervened, faulting the ban imposed by the coastal counties and stating that muguka is a legal crop under the Crops Act 2013 and the Miraa Regulations 2023.
• The President directed the Ministry of Agriculture to convene a consultative forum to address concerns raised and agree on the implementation of the Miraa/Muguka Regulations 2023.
• The government also committed to allocate KSh500 million in the 2024/25 Financial Year for value addition of these scheduled crops, providing a reprieve for muguka farmers.

Reactions from Stakeholders

The ban on muguka evoked mixed reactions from various stakeholders:

• Public health advocates and religious organizations, such as Muslim leaders in Mombasa, supported the ban, citing concerns about the potential harm of muguka consumption, particularly among the youth.
• Traders and farmers, especially in Embu County, strongly opposed the ban, arguing that it would devastate their livelihoods and that muguka is not a drug but a legal cash crop.
• The National Authority for the Campaign Against Drug Abuse (NACADA) has classified muguka as a harmful substance due to the high levels of cathinone and cathine, which can impair normal body functions.

Legal Challenges and Outcomes

The legal battle over the muguka ban has been ongoing:

• The High Court in Embu County issued a temporary suspension of the ban in Mombasa and Kilifi counties, granting a conservatory order restraining the respondent counties from enforcing the executive orders.
• Two activists had also challenged the muguka ban in court, further complicating the legal landscape.
• The President’s directive to convene a consultative forum and the allocation of KSh500 million for value addition suggest a potential compromise between the different stakeholders.