Lawyer Henry Kurauka for Kenya Miraa Farmers and Traders Association.
BY SAM ALFAN.
National Agency for the Campaign Against Drug Abuse has been locked out from regulating Miraa chewing commonly witnessed amongst Embu and Meru communities, until suit brought against it is heard determined
Justice Isaac Lenaola said that order issued restraining NACADA is still in force, saying the attempt to limit time at which miraa should be chewed was considered unlawful when injunctive orders were issued.
The judge said the order will remain in force until 4 December 2015 when the matter will come for directions
Kenya Miraa Farmers and Traders Association through their lawyer Henry Kurauka, told the court that the action by Nacada to limit time was unlawful and will interfere with economic activity of the applicants.
The lawyer told the court that NACADA has purported to limit the time frame at which Miraa should be chewed.
He said the action is illegal and irrational as it affects the farmers and other consumers, saying that the organization has no legal mandate to issue such restriction.
Mr Kurauka said that Miraa consumers and farmers have been consuming Miraa for decades without any medical or any social adverse effect.
The court heard that there is no known medical problem that has been associated with consumption of the crop.
The decision by the Agency through its chief executive officer Dr William Okedi was arrived without consulting the farmers and should be considered as unlawful, the lawyer told the court.
The agency had announced that miraa could be only chewed from 5PM to 10PM which directive according to the traders and farmers is bad in law and will affect their social economic development