GAZETTE NOTICE NO. 6482

WHEREAS Articles 6 (1) and 6 (2) of the Constitution of the Republic of Kenya, 2010, as read together with the provisions of the First Schedule thereof creates the County Government of Kilifi as a distinct and interdependent level of Government from that of the National Government; FURTHER acknowledging the conferment of exclusive functions of the County Government of Kilifi under Part 2 of the Fourth Schedule of the Constitution of Kenya; WHEREAS, pursuant to paragraph 7 of Part 2 of the Fourth Schedule of the Constitution of Kenya, recognizes the responsibility of the County Government to regulate trade licensing; WHEREAS, pursuant to paragraph 13 of Part 2 of the Fourth Schedule of the Constitution of Kenya, recognizes the responsibility of the County Government to control drugs and substance abuse; ACKNOWLEDGING the scientific evidence has unequivocally established that muguka consumption is associated with an array of health problems including lack of sleep, hallucinations, lack of appetite, stomach ulcers, teeth decay, low libido and loss of memory leading to devastating health, social, economic, and environmental consequences, and places burdens on the society; FURTHER, that the consumption of muguka breeds idleness, irresponsibility, crime, wastage of household resources and the problem of addiction and further on minors is our schools it has brought about lack of attention in class, truancy, absenteeism, poor academic performance, school drop outs, high cases of indiscipline in schools and teenage pregnancies. FURTHER AWARE, research has shown that muguka contains Cathinone and Cathine which are listed as Psychotropic Substances in the Second Schedule of the Narcotic Drug and Psychotropic Substances (Control) Act, 1994 and Schedule 1 of the Convention on Psychotropic Substances, 1994. ALSO RECOGNIZING, Cathinone was included in Schedule I of the UN Convention on Psychotropic Substances, 1971 and Cathine was included in Schedule III of the UN Convention on Psychotropic Substances, 1971. FURTHER, the World Health Organization considers the wide- spread habit of khat (muguka) chewing as pharmacologically equivalent to amphetamine abuse, and it has also included cathinone in its list of controlled drugs. IN EXERCISE of powers conferred in section 30 (2) (l) of the County Governments Act and all other enabling laws of Kenya, I Gideon M. Mung’aro, Governor of the County Government of Kilifi, hereby order and direct as follows: (i) THAT, there be a total prohibition on the entry, transportation, distribution, sale and use of muguka and its products within Kilifi County. (ii) THAT, all outlets, whether in the form of retail or wholesale, selling and/or distributing muguka within Kilifi County be closed immediately and/or stop the sale of muguka and its products. (iii) THAT, motor vehicles transporting muguka shall not be allowed entry into Kilifi County. (iv) THAT, the County Departments and its Agencies are directed to enforce this order without exception. These changes shall take effect from the 24th May, 2024. Dated the 24th May, 2024. GIDEON MAITHA MUNG’ARO, MR/6155437 Governor, Kilifi County. THE KENYA GAZETTE 31st May, 2024