High Court stops Nacada from limiting miraa chewing

 

The High Court has stopped plans to regulate miraa chewing until a case against the National Authority for the Campaign against Alcohol and Drug Abuse (Nacada) is determined.

Justice Isaac Lenaola said the order issued by the court restraining Nacada was still in force, and any attempt to limit time at which miraa should be chewed would be unlawful.

Kenya Miraa Farmers and Traders Association, through lawyer Henry Kurauka, told the court that the action by Nacada to limit time was unlawful and would interfere with the economic activity of the applicants.

"The agency's officials have been acting unlawfully by threatening to apprehend both consumers and dealers on pretext of time limit," Mr Kurauka said.

He said this was illegal and irrational because it affected farmers and other consumers, adding that Nacada has no legal mandate to issue such restrictions. Kurauka said miraa consumers and farmers have been consuming the stimulant for decades without any medical or social adverse effect. The court heard that there is no known medical problem associated with consumption of the crop.

"The decision by the agency through its Chief Executive Officer William Okedi was arrived at without consulting the farmers and should be considered unlawful," Kurauka said.

The agency had announced that miraa could be only be chewed between 5pm and 10pm but traders and farmers said this would negatively affect their socio-economic development.

In September Justice Mumbi Ngugi extended orders stopping Nacada from regulating miraa chewing.

The case will will be heard on September 17.