Last week, Kenya was engulfed in debate as Mombasa and Kilifi county assemblies announced a ban on muguka, a crop of significant cultural and economic importance to the Meru community.
This decision has stirred controversy, with President William Ruto and various legal authorities stepping in to declare the ban null and void. My argument today is that I agree that this ban is not only illegal but also harmful to the livelihoods of many Kenyans.
Muguka, a type of khat, is often misunderstood and unfairly depicted as an illegal substance. In reality, muguka is a legally recognised cash crop under the Crops Act 2013 and the Miraa Regulations 2023.
These regulations were passed by the National Assembly with the concurrence of the Council of Governors, solidifying muguka's legal status and importance in Kenya's agricultural landscape. President Ruto emphasised this point, stating that local laws or orders contradicting national legislation are null and void.
The importance of muguka to the Meru community and beyond cannot be overstated. It is a major source of income for many farmers, with the crop being cultivated, sold and even exported under regulated conditions.
Muguka's production and trade support thousands of families, contributing significantly to the local and national economy. In Embu county, where muguka is predominantly grown, the crop's economic significance is evident in the livelihoods it sustains and the revenue it generates.
Despite its economic importance, muguka faces significant stigma, often being wrongfully associated with illicit substances. This negative portrayal has led to misguided policies, such as the bans recently imposed by the Mombasa and Kilifi county governments.
The bans were justified on the grounds of protecting children and maintaining public order, with local officials expressing concerns about the accessibility of muguka to school-going children.
While the welfare of children is paramount, outright bans are not the solution. Instead, better regulatory measures and public education about responsible consumption could address these concerns without jeopardising the livelihoods of farmers.
The legal battle over the ban underscores a crucial point: counties do not have the authority to regulate crops that are recognized under national law. Senator Cheruiyot highlighted this in his remarks, pointing out that county assemblies cannot override national legislation regarding crops like muguka .
The High Court's suspension of the ban further reinforces this legal standpoint, illustrating the importance of adhering to the legislative framework that governs agricultural practices in Kenya.
Furthermore, the ban's negative economic impact cannot be ignored. muguka farmers, traders and transporters in the affected counties face significant financial losses. The bans disrupt the supply chain, affecting everyone from the growers to the end consumers.
In areas like Embu, where muguka farming is a primary economic activity, such bans could lead to increased poverty and unemployment, exacerbating existing socioeconomic challenges.
President Ruto's intervention has been crucial in addressing this issue. By reaffirming muguka's legal status and nullifying the county bans, the President has protected the rights of farmers and ensured the continuation of a vital economic activity.
His stance highlights the need for coherent national policies that support agricultural development while balancing public health and safety concerns.
It is clear that the ban on muguka by Mombasa and Kilifi is not only illegal but also detrimental to the economic well-being of many Kenyans. In addition to overturning the ban, both national and county governments should take proactive steps to address the concerns surrounding muguka.
There should be a concerted effort to educate the public about muguka, dispelling myths and highlighting its legal status and economic benefits. Public awareness campaigns can help reduce the stigma associated with the crop.
Additionally, regulatory frameworks need to be strengthened to ensure muguka is produced, distributed and consumed responsibly. This includes setting up specific guidelines for its sale, limiting access to minors, and monitoring its distribution to prevent misuse.
The government should invest in research to better understand the socioeconomic and health impacts of muguka. This research can inform policy decisions and help develop more effective strategies for managing its production and consumption.
Finally, there should be collaboration between national and county governments to support farmers through subsidies, training, and access to markets. By providing farmers with the necessary resources and support, the government can help enhance the productivity and sustainability of muguka farming.