The High Court in Embu has temporarily suspended the executive orders that banned the sale, distribution, and consumption of muguka in Mombasa, Kilifi, and Taita Taveta Counties. This decision came after a petition by the Embu County Assembly and Kutherema Muguka Sacco Society was certified urgent by Lady Justice Lucy Njuguna.
During the ruling on Tuesday, Justice Njuguna issued conservatory orders that will remain valid until July 8. These orders restrain the respondents from implementing Executive Order No. 1 issued on May 22, 2024, pending the inter partes hearing and determination of the application.
“That pending interpartes hearing and determination of this application a conservatory order be and is hereby granted restraining and/or stopping the Respondents and or its agents from effecting, implementing and or enforcing Executive Order No. 1 issued on 22nd May 2024 by the 1st Respondent and 2nd and 3rd Respondents to last until the 8th July 2024 when the application shall be heard interpartes. The application will be served upon the respondents within seven days from today,” Njuguna ruled.
Lady Justice Njuguna directed that the application be served to the respondents within seven days from the ruling date.
In a similar case, the High Court in Mombasa also certified a petition as urgent on Monday. Lady Justice Olga Sewe directed the respondents to file their responses within three days from the date of service. Further directions on the Mombasa case will be issued on May 31.
Embu County muguka farmers previously protested the ban with demonstrations on Saturday, expressing concerns over its impact on their livelihoods.