A Kenyan high court has temporarily blocked Mombasa County’s controversial move to prohibit the trade and consumption of the stimulant plant muguka, granting a reprieve to traders and consumers until a substantive hearing next month.
The order deals a blow to Governor Abdulswamad Shariff Nassir’s efforts to curb the “widespread damage” the mild narcotic has allegedly inflicted on the region’s youth.
In a ruling on Monday, Lady Justice Lucy Njuguna of the Embu High Court issued conservatory orders restraining Mombasa County and its agents from enforcing Executive Order No. 1 of 2024, which outlawed muguka dealings within the coastal region starting May 23.
“The court is satisfied that the applicants deserve to be granted conservatory orders at this preliminary and ex parte stage,” Justice Njuguna stated in her orders, citing relevant constitutional articles and statutory provisions.
The temporary injunction will remain in effect until July 8, when the court is scheduled to hear the case filed by the Kutherema Muguka Sacco Society Limited, the County Assembly of Embu, and others challenging the legality of Governor Nassir’s executive action.
“Pending inter partes hearing and determination of this application, a conservatory order is hereby granted restraining and/or stopping the respondents and or its agents from effecting, implementing, and or enforcing Executive Order No. 1,” the court order read.
The muguka plant, a type of khat, is a controversial but deeply rooted cultural tradition in parts of Kenya and neighboring countries. While classified as a drug in some jurisdictions, its production and trade remain a vital economic activity for many rural communities.
