Traders sue Murkomen over miraa export airport levy

Traders miraa have sued Transport Cabinet Secretary Kipchumba Murkomen and Kenya Airports Authority over a decision to introduce Sh4000 per vehicle entering Jomo Kenyatta International Airport (JKIA) with Miraa cargo.

In a petition filed at the Milimani High Court by Nyambene Miraa Trade Association (NYAMITA) through its chairman Kimathi Munjuri alias Sajiko have sought the court’s intervention on grounds that the levies introduced by state are oppressive, unlawful and punitive charges in respect of Miraa crop unconstitutional.

“ A conservatory orders be issued to the (CS Transport Kipchumba Murkomen and Kenya Airports Authority) from charging a sum of Ksh 4,000  or any other amount per each vehicle carrying Miraa that enters the Jomo Kenyatta International Airport carrying miraa cargo, pending the hearing and determination of this petition,” the miraa traders seeks

The traders argue that the actions by CS transport and KAA to introduce charges have adversely affected export, revenues, sale, marketing and income from Miraa crop.

In an affidavit filed in court by Nyamita chairman Kimathi, he says that the government have charged Miraa farmers and Traders about 100 million since July, 2022 without any justification and participation of stakeholders such as farmers, traders and consumers.

 According to the petitioners, the National Assembly passed an amendment to include Miraa in the schedule of cash crops in Kenya.

 “Currently, there is no law that prohibits the export, production, sale and consumption of Miraa in Kenya,” they state.

The traders also contend that the state has gravely infringed Article 27 of the constitution, which guarantees the right of Equality and Freedom from discrimination.

“The Respondents have levied the said charges of Ksh 4,000 only to motor vehicles carrying Miraa Cargo and not other cash crops yet Miraa is equally a cash crop within the meaning of schedule i of the Crops Act, Cap. 318, Laws of Kenya and which does not discriminate against Miraa crop,” NYAMITA states.

Through Lawyer Henry Kurauka says that the petitioners are members and residents of Miraa growing areas depend on Miraa farming and trade for their livelihood and source of income to cater for food, school fees, clothing, water, medical expenses, housing, social amenities and it is a foreign currency eamer for Kenya.

The Petitioner avers that Miraa has a unique cultural value such as forming integral part during payment of dowry during Ameru marriages, promotes unity, passage rites, promoting peaceful co-existence, dispute resolutions among council of elders of Ameru, leisure, sports, social amenities, recreation, leisure, relaxation, maintaining green energy and ecosystem.

The Traders says that Miraa is medicinal as its chewers have less risk of contracting high blood pressure, diabetes, cancerous cells and boosts alertness, wellness and brain performance of consumers.

“Miraa crop is scientifically classified as a mild stimulant just like coffee and tea which has no medical implications for consumption,” reads the court papers.

Additionally, the petitioners state that the Miraa sub-sector has greatly empowered other inter-related sub-sectors such as agricultural & commercial and improved government revenue through licenses and taxes.

“Miraa sub-sector is the economic mainstay of farmers, traders, employees and other stakeholders mainly in Meru County and Embu county. The petitioner has created employment,”Kurauka says.

Nyamita further states that its members who are Miraa traders, consumers and farmers have been consuming Miraa for decades without any medical and or social adverse effects.

“There is no reported medical condition that is solely attributed to Khat consumption. There are no rehabilitation centers for Miraa users. There are no fatal cases arising from Miraa consumption,” the petitioners say in their papers.

They avers that the government have not made any effort to seek and involve farmers, traders, consumers and stake holders on export of Miraa and levies that affects their income, lives and livelihood.

“ CS Transport’s action is against the government’s manifesto to reduce poverty and lower the cost of living. There is no national interest, threat and inconvenience to bar Miraa export, trading, marketing and consumption without charging outrageous charges,” the petitioners states.

“Petitioner and members of the public stand to suffer irreparable loss and great inconvenience if the respondents are allowed to continue Implementong their decision to levy punitive and oppressive and outrageous levies without a legislative mechanisms and participation,” they add.

According to the petitioners, the government  have failed and or refused to address their demands despite several meetings thereof.

“We have been forced to seek the intervention of the Court on the matter of the illegal charge of Ksh 4000 per vehicle entering JKIA with Miraa cargo by Kenya Airports Authority.

We have had several meetings with KAA management including one attended by our MPs Hon Dan Kiili (Igembe Central), Hon. John Paul (Igembe South), TJ (Igembe North, Mpuru (Tigania East) and Senator Kathuri Murungi (Meru County), line govenment agencies and us Miraa industry stakeholders where this specific matter has been discussed but still 2 years afterwards, KAA continues charging us,” Kimathi says

The Petitioner now wants the court to issue orders stopping KAA from charging the said levies and to order the government to refund the amount paid amounting to about 100 Million so far collected from them since July 2022.