A petition has been filed against three counties to prohibit the trade and consumption of Muguka.
Last week, Mombasa, Kilifi, and Taita Taveta counties prohibited the entry, transportation, sale, and use of Muguka and its products.
Peter Odhiambo Agoro and Michael Mutembe Makarina argue that Muguka is not considered a drug, which is why it is legal in the country.
They argue that NACADA has not declared Muguka a narcotic or banned it and that the Miraa Regulations 2021 recognize both Miraa and Muguka as legitimate crops 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.
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According to the two business people, the absence of public participation is a significant concern, and the national government has the sole authority to ban a product or service protected by a parliamentary act.
The two also argue that county governments cannot choose to regulate legal procedures before implementing the ban.
"According to Kenyan law, only parliament through the national assembly and senate can declare a substance narcotic or psychotropic through le legislation," according to the court documents.
The two are asking the court to declare the ban illegal and unconstitutional.
They also want the court to prevent the three county governments from implementing the decision.
