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By Reporter
The vibrant City Lawyer, Henry Kurauka has taken the bold step and moved to court where he is seeking to stop illegal levies by JKIA on Miraa farmers.The vibrant City Lawyer is also seeking a refund of a sum of money amounting to Ksh 100M that JKIA has been illegally levying on Miraa Cargos.
The case has been filed before Justice Chacha Mwita who has certified it as urgent. Kurauka on behalf of Nyambene Miraa Traders Association has sued JKIA and Roads CS seeking a refundof the said amount that has been levied on Miraa Cargo Vans entering JKIA from 2022.
Through Lawyer Henry Kurauka, Nyambene Miraa Traders Association petitioned the court to grant an injunction to stop the Respondents from further levying illegal charges and an order to fefund Ksh 100Million so far collected illegally and ultra vires.
In court papers, Lawyer Henry Kurauka averts that the Respondents have illegally, unlawfully, irrationally, unreasonably, capriciously and without any reasonable cause continued to levy a sum of Ksh 4000 per vehicle that enters JKIA carrying Miraa Cargo.
That the Respondents have charged Miraa farmers and traders about 100M Ksh 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 unconstitutional.
“That the Respondents action to levy a sum of Ksh 4000 payable via Mpesa per each vehicle carrying Miraa that enters JKIA is unconstitutional, unjustified, oppressive, unlawful, capricious, ultra vires, unreasonable and irrational because the KAA cites a concession order of 1995 as the basis of levying the charges yet the said concession order specifically applies to Wilson Airport.” Kurauka further told the court.
He also argues that Miraa farmers and their produce have greatly impacted the country’s economy positively and there is no any single negative case that has resulted from Miraa despite the Respondents continuing with negative campaign against it with the objective of subjecting punitive levies on Miraa Cargo.
Lawyer Henry further explained to the court the importance of Miraa, including its significant role in dowry payment and its medicinal values.
He explained that Miraa is medicinal in that the users have less risk of contracting High Blood pressure, diabetes, cancerous cells.Miraa also boosts alertness, wellness, and brain performance of it’s consumers.
Miraa is scientifically classified as a mild stimulant just like coffee and tea which has no medical implications from consumption.
He further states in court papers that the complainants stand to suffer irreparable loss and great inconveniences if the Respondents are allowed to continue implementing their decision to apply punitive, oppressive and outrageous levies without a legislative mechanism and participation.
That’s the petitioner persuades this honourable court to issue relief to stop the Respondents from charging the said levies and to order the Respondents to refund the money already paid amounting to about Ksh 100 million.
The court has directed the matter to come up for highlighting submissions on 27/6/2024.