Top UK lawyer backs bid to overturn miraa ban

By Moses Njagih

Kenya: Miraa farmers and traders have received a boost following the legal opinion of a top UK lawyer.

This comes as the stakeholders prepare to file a suit challenging the British Government’s ban on the stimulant next month.

The Queen’s Counsel, Paul Garlick, who is leading the case against the UK Government, opined that the decision of the UK Government could be reversed by the country’s High Court through a judicial review process.

The renowned lawyer specialises on commercial crime and financial regulatory work, hence the decision by the miraa traders and farmers to engage him to challenge UK’s decision.

Chances of success

The lawyer said the suit, set to be filed in September, had great chances of success, terming the decision made by the UK Home Department as irrational and not based on any legal and scientific basis.

QC Garlick, who is being assisted in the planned suit by Dass Solicitors further said that the decision was in violation of the rights of immigrant communities in the UK, who use miraa for social and cultural activities.

The opinion is a major boost to farmers of the plant in Meru County who are to host Deputy President William Ruto on Friday and expect to receive the government’s support for the stimulant, whose consumption has also come under attack locally.

Meru Senator Kiraitu Murungi said the legal outlook given by the lawyer was a major boost to stakeholders in their quest to reverse the decision of the British Government, whose unilateral action has caused huge losses in the county.

“We are preparing now a massive fundraiser to support the case which we expect to file in September. But already the farmers and traders who have been affected have been boosted by the opinion given to them,” said Kiraitu Thursday.

The senator confirmed Ruto’s visit to the area today (Friday). Ruto is expected to address a meeting at Maili-Tatu, near Maua, which is known to be the largest miraa market.

High expectation

“The expectation is high among traders and farmers that the Deputy President will reiterate the government’s commitment to support them. He gave this commitment when he visited the area during the election campaigns and locals there will be expecting him to keep his word,” said Kiraitu.

National Authority for Campaign Against Alcohol and Drug Abuse has been pushing for the ban of the stimulant, terming it a drug.

Their position has, however, been opposed. The Labour Ministry says there is no scientific proof to categorise miraa as a drug.

Miraa traders last month moved to court to stop the anti-narcotics agency from declaring miraa a drug.

Nyambene Miraa Association wanted the court to stop Nacada from implementing its decision to declare and classify miraa as narcotic drug pending hearing and determination of their case. The petitioners said on the contrary, was medicinal.