• Laikipia has also banned sale and buying of miraa but it was not listed in suit papers.
• Case certified as urgent in spite of suspension of court activities due to Covid-19.
The High Court on Wednesday allowed miraa traders to challenge a decision by 10 counties to the ban the sale of the product in their regions.
Justice John Mativo also certified the case filed by Nyambene Miraa Traders Association chairman Kimathi Munjuri as urgent.
The judge said the petition raises an arguable case.
Mandera, Kilifi, Isiolo, Lamu, Makueni, Wajir, Kitui, Tharaka Nithi, Tana River and Samburu counties have all banned miraa trade.
The counties said people often crowd at miraa dens and the ban was in line with state guidelines against gathering and crowding in places.
Laikipia has also banned sale and buying of miraa but it was not listed in suit papers.
Munjuri had asked for a leave of court to file a judicial review case against the counties.
“The application dated April 4 is hereby certified as urgent and the same is admitted for hearing on a priority basis notwithstanding the current suspension of court operations,” Mativo said.
The traders want the court to suspend the public order directive to ban the trade and transportation and/or consumption of miraa by the said counties.
They also want the court to prohibit the county government and their agents from impounding, detaining, destroying and/or burning any consignment of miraa.
Munjuri they should be accommodated as food dealers.
“There is a group referred to as food dealers, distributors, wholesalers and transporters of farm produce, a group wherein the miraa fresh farm produce, its transporters and traders wholly fall under,” Munjuri said.
He said the ban of miraa trade in the said counties is illegal, irrational and in excess of the devolved units' powers.
Munjuri said the ban has disenfranchised miraa fresh produce traders within those counties, saying it is their right to earn a living.
“Mandera county government has even gone ahead and obtained an ex-parte court order dated March 24 from the senior principal magistrate's court to the effect of banning the trade, transportation or consumption of miraa," he said.
He said such a move was unfair to the traders right to a fair hearing.
The traders also accuse the counties of not providing proper incentives in regards to harvesting and transportation of fresh farm products within their counties to supplement the efforts of individual traders and consumers of farm produce.
Edited by Peter Obuya