Counties could soon decide Muguka’s fate as Bill advances

A new Bill in the National Assembly is threatening the future of muguka farming in Kenya, with a proposal to remove the stimulant from the list of scheduled crops, a move that could cut off government support and expose the trade to county-level bans.

The legislative push, introduced by Kilifi North MP Owen Baya, seeks to amend the Crops Act to clearly separate Muguka from Miraa and delist it as a scheduled crop.

The proposed changes would strip muguka of legal recognition and protection under national law.

"The principal object of the Anti-Muguka Bill is to amend the Crops Act Cap 318 to differentiate muguka from miraa and therefore expressly exclude Muguka from being a scheduled crop," reads the Bill.

If passed, the law would take muguka out of a list created in 2013 to ensure quality and regulation of key crops across Kenya. Scheduled crops benefit from government subsidies, marketing support, extension services and research funding — all of which Muguka would lose under the proposal.

The stimulant, scientifically known as Catha edulis, is widely consumed for its energising effect, but has also been linked to health concerns such as insomnia, high blood pressure, sexual dysfunction in men, and dependency.

The Bill comes amid continued pressure from coastal counties to restrict or outlaw Muguka, citing health and social concerns.

The proposed law could allow counties to regulate or ban the product without breaching national policy, since its removal from the list would eliminate legal barriers.

A year ago, President William Ruto criticised governors from Mombasa and Kilifi for attempting to ban muguka and miraa, pointing out that both were legally recognised.

The fallout from the Bill could be severe for Embu County, the main production hub for muguka, where more than 65,000 farmers rely on the stimulant for their livelihoods.

County data shows the trade supports a Sh22 billion economy.

Mombasa County alone collects around Sh1 million daily in levies from muguka sales revenue that could vanish if trade restrictions take hold.

In May 2023, the National Authority for the Campaign against Drug Abuse (NACADA) said the most problematic khat is the type known as muguka.

"The position of NACADA is that miraa is harmful and muguka is even more harmful. This is why we are discouraging expansion of markets and are against attempts to process it into juices and wine," said Nacada CEO Victor Okioma