Miraa traders through vibrant city Lawyer Henry Kurauka have sued the KAA and Road CS demanding Sh 100M refund that resulted from illegal levies since 2022.
The matter that is before Justice Chacha Mwita has been certified urgent.
Vibrant city Lawyer Henry Kurauka at the High Court
Kurauka is seeking the said amount and restriction orders on behalf of Miraa traders under Nyambene Miraa Traders Association.
Through lawyer Henry Kurauka, the association petitioned the court to grant an injunction to stop the respondents from levying illegal charges and an order to refund 100 million so far collected illegal and ultra vires.
In court papers, lawyer Kurauka averts that the respondents have illegally, unlawfully, irrationally , unreasonably , capriciously and without any resonable cause or ground continued to levy a sum of Sh 4000 per each vehicle carrying M
miraa that enters the Jomo Kenyatta International Airport Carrying Miraa Cargo.
“That the respondent have charged Miraa Farmers and traders about Sh 100M since July 2022 without justification and participation of stakeholders such as farmers , traders and consumers,” Lawyer Kurauka told the court.
He further told the court that the action of demanding the said amount was illegal and uncinstitutional.
“That the respondent action to levy a sum of Sh 4000 payable via Mpesa per each vehicle carrying miraa that enters the Jomo Kenyatta International Airport Carrying Miraa Cargo is unconstitutional, oppressive , unjustified, unlawful , carpricious , Ultra vires, unreasonable , irrational because the Kenya Airport Authority cites a 1995 concession order as the basis of levying the charges yet the said concesion order cannot apply to JKIA because its specifically applies to Wilson Airport,” Kurauka further informs the court.
He also argues that Miraa farmers and their produced have greatly impacted the country’s economy and there no single negative case that has resulted from Miraa despite the respondent continuing with negative campaign against it with the objective of subjecting punitive levy’s to Miraa Cargo.
He also explained to the court how important Miraa is including its significant role in dowry payment and medicinal values.
“Miraa is medicinal as it chewers have less risk of contracting high blood pressure, diabetes, cancerous cells and boosts alertness, wellness and brain perfomance of consumers. Miraa crop is scientifically classified as a mild stimulant just like coffee and tea which has no medical implications for consumption ,” said Kurauka.
He further says in court papers that the respondents stands to suffer irreparable loss and great inconveniences if the respondents are allowed to continue implementing their decision to Levy punitive and oppressive and outrageous levies without a legislative mechanisms and participation.
“That the petitioner persuades this honourable court to issue reliefs to stop the respondents from charging the said levies and to order the respondent from charging the said levies and to order the respondent to refund the amount paid amounting to about Sh 100M,” he added.
The court has directed the matter to come up for highlighting submissions on 27/6/24.
