CURFEW LOSSES

Miraa farmers move to court to overturn governors’ ban

Meru speakerThe petition is before the High Court in Nairobi.

In Summary

• Miraa farmers want the court to quash the public order by 10  governors to ban the trade, transportation and consumption of Miraa fresh produce.

• They argue governors acted in excess of their powers, causing them to suffer huge loses

Miraa farmers have moved to court to petition against governors who have banned the transportation and sale of Miraa.

The petition is before the High Court in Nairobi.

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.

Kimathi Munjuri, the Miraa Traders Association (Nyamita) chairman said they sued on behalf of farmers on Friday and the matter was certified as urgent and will be heard on Monday.

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.

Through advocate Michubu Kobia, the farmers have termed the directives by governors as illegal, irrational, unfair and an infringement of rights and freedoms.

“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,” they say in the petition.

 Speaking separately, Meru speaker Joseph Kaberia asked President Uhuru Kenyatta to except miraa transport from curfew, arguing that traders have suffered irredeemable damage, harassment and destruction of the crop.

Kaberia lashed out at county commissioners and governors issuing orders to ban the sale of Miraa within their counties.

“There is 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,” he said.

 

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