Coast

High court declines to stop Mombasa County from raising Muguka levies

Mombasa Governor Abdulswamad Sheriff Nassir addresses a press briefing on trade in muguka and miraa in his county, on May 14, 2024. (Photo: Farhiya Hussein/EV)

By Joseph Ndunda | Friday, June 21, 2024

Justice Olga Sewe of Mombasa High Court, however, declined to suspend the directive as sought by the traders.

The high court has declined to prohibit the Mombasa County government from raising cess fees for Muguka from Sh60,000 to Sh3 million per truck.

Miraa and muguka traders had petitioned the high court to suspend the county directive raising the cess fees pending the hearing and the determination of an application to have the ban imposed on the herbs lifted.

Justice Olga Sewe of Mombasa High Court, however, declined to suspend the directive as sought by the traders.

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"The prayer for a status quo ante with regard to the cess payable for Miraa is therefore declined," stated Justice Sewe.

On May 22, the county government of Mombasa prohibited the entry, transportation, distribution, sale, and use of muguka and its products within the county, an order that President William Ruto nullified, saying it was contrary to the Crops Act, 2013.

Muguka is a variety of miraa and is a scheduled crop under the Crops Act 2013 and the Miraa Regulations 2023.

The aggrieved Miraa traders moved to the high court in Embu and obtained orders lifting the Mombasa government's directive, prompting the county to resort to higher taxation as a countermeasure.

A driver startes at one pickups impounded at Kinango after they were caught trying to sneak muguka into Kwale County in June 2024. (Photo: Mishi Gongo)

A driver stares at pickups impounded at Kinango after they were caught trying to sneak muguka into Kwale County in June 2024. (Photo: Mishi Gongo)

This forced the traders to file a case at the high court in Mombasa seeking a review. They applied to have the increase in the cess fee stayed, as they sought to be allowed to include prayers for stopping the upward review of the same included in their application.

The court has yet to hear the application. The applicants, nonetheless, urged the Court to grant orders restoring the status quo—the charges of Sh60,000 per truck that were being levied before the ban and subsequent review of levies.

They contended that the county has since increased the cess payable to Sh6,000 per box, meaning they would end up paying Sh3 million per truck, which, in their view, is excessive as to negate the effect of the conservatory order issued by the Embu court. They thus sought the levies to be suspended.

"It is noteworthy, however, that that prayer is nowhere in the application dated May 24, 2024. Since it has the effect of completely changing the complexion of the said application, it is my considered finding that the prayer is untenable. It is a cardinal rule that parties are bound by their pleadings," said the judge.

The Miraa traders under the Mberemberu Miraa Farmers' Cooperative Union will continue paying higher revenues until they successfully quash the prohibition order.

The petitioners are arguing that the unilateral order directly affects Tana River, Kilifi, Kwale, and Lamu counties, all of which are only accessible through Mombasa County, and therefore the higher cees fees hamper their businesses.

Mombasa Governor Abdulswamad Sheriff Nassir and other coastal leaders are pictured during a consultative meeting in the county on May 29, 2024, to discuss the defunct Executive Order No. 1 of 2024, which prohibited the entry, transportation, sale, and distribution of muguka. (Photo: X/CPS)