[PHOTO/the-star.co.ke]
Miraa farmers have now moved to court seeking orders to quash NACADA's latest directive regulating consumption of the stimulant.
NACADA has said that the consumption time for miraa users must be restricted to between 5pm and 10pm.
However, farmers and traders have accused the agency of trying to execute the directive illegally.
Through their lawyer Henry Kurauka, the farmers told Justice Chacha Mwita that NACADA did not have a legal mandate to restrict the time for miraa consumption.
"The action by the agency has adversely affected the marketing of the crop in many countries," he said.
Kurauka also found fault in NACADA over its intensified 'negative campaign' that offends Article 10, 40 and 46 of the constitution which guarantees consumer rights.
"Miraa is scientifically classified as a mind stimulant just like coffee and tea which have no times for consumption," the lawyer said.
"The Narcotic Drugs and Psychotropic Substance Control Act of 1994 does not list miraa as one of the prohibited substances. There is no national interest, threat and convenience to bar farming, trading, marketing and consumption of the crop."
The judge directed that both NACADA and the Attorney General Githu Muigai be served with the petition.
The case will be mentioned on November 17.