The Embu High Court on Tuesday temporarily suspended the muguka ban effected by three Coast counties namely; Mombasa, Kilifi and Taita Taveta.
The High Court issued orders and immediately suspended the ban until the case before the court is heard on June 8.
"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 May 22, by Respondents to last until July 8, 2024," stated Lady Justice Lucy Njuguna.
The case pitted the three counties against the Kutherema Muguka Sacco Society Limited and the County Assembly of Embu.
"The court has also perused the annexed documents and the relevant Articles of the Constitution, and the Statutory Provisions that the Applicants have relied on, in support of the Substantive Petition and the Application. The Court is satisfied that the Applicants deserve to be granted conservatory Orders at this Preliminary and exparte stage," the statement said.
Other farmers, Peter Odhiambo and Michael Mutembei filed their petition seeking to reverse the muguka ban in the three Coastal counties.
When Mombasa Governor Abdulswamad Shariff Nassir issued the ban, Embu Deputy Governor Justus Kinyua Mugo and Woman Representative Pamela Njoki joined residents in the streets to protest the move.
The respective Governors of Mombasa, Kilifi and Taita Taveta had issued executive orders banning the use and sale of the stimulant, citing its adverse effects on the youth in the three devolved units.
In their argument, the county bosses stated that the move aligned with the fight against drug abuse in the country and proceeded to compare it with the fight against alcohol abuse being waged by Deputy President Rigathi Gachagua in the Mt. Kenya region.
"People view it differently, but there is no difference between what we are doing and the fight against alcohol in the Mount Kenya region. If we are protecting the youth, we must do it across the board. I know we have a drug issue that we cannot handle ourselves, but the ones we can try to handle as a county authority, then we are trying to see how we can save our kids," Kilifi Governor Gideon Mung'aro told Kenyans.co.ke in an interview.
Governor Nassir pointed out that the Coast region has been grappling with drug abuse, but the leaders there decided to first tackle what they could at the county level.
However, the move has suffered numerous legal and political setbacks.
To find a lasting solution to the stalemate, President William Ruto disclosed that he had held a meeting with governors from the three counties to listen to their concerns and challenges in the sale of muguka.
"The governors have agreed to participate in a meeting of all stakeholders to be convened by the Ministry of Agriculture and Livestock this week, as was agreed with the leadership of Embu County on Monday," Ruto wrote on his X account.
The head of state said they agreed to convene a meeting of the political leaders of the affected counties next week.
