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NAIROBI—Miraa farmers and traders have moved to court to challenge a ban on the stimulant twigs weeks after its transportantion and sell was blacklisted in ten counties over fear of spreading the global pandemic Covid-19.
In a petion to the High Court on Friday, Kimathi Munjuri, the Miraa Traders Association (Nyamita) chairman said they sued on behalf of farmers and the matter was certified as urgent and will be heard on Monday (Today).
The farmers want the county governments of Kilifi, Samburu, Mandera, Lamu, Isiolo, Makueni, Wajir, Tharaka Nithi, Kitui and Tana River and area commissioners barred from impounding, detaining, destroying or burning any consignment of miraa.
The Agriculture and Food Authority, Inspector General of Police, the Attorney General, the Council of Governors, Interior ministry, the Ombudsman and Agriculture Sector Consultation and Cooperation Mechanism are listed as interested parties.
The farmers have termed the directives by governors to ban and destroy the drug as ”illegal”, ”irrational”, ”unfair” and an ”infringement of rights and freedoms. ”
Through advocate Michubu Kobia, the farmers added that: “The 1st to 10th (above counties) issued public directives to ban sale, transportation and consumption of Miraa fresh produce contrary to notice No36, of March 26, 2020, thus acting ultra-vires and in excess of their powers. Their representatives have insisted the said directives are ‘orders from above’ locking any mechanism of out of court remedy.”
Meru speaker Joseph Kaberia appealed to President Uhuru Kenyatta to excempt miraa transport from curfew, adding that, ”No law or order by the county governments that can override a law passed by Parlimant. Miraa is a cash crop, let it be respected.”
