The Need To Regulate Miraa
October 17, 2013
THE NEED TO REGULATE MIRAA
PAPER PRESENTED BY THE NATIONAL COUNCIL OF CHURCHES OF KENYA
TO THE PARLIAMENTARY SELECT COMMITTEE ON KHAT (MIRAA)
PRESENTED BY
REV CANON PETER KARANJA
GENERAL SECRETARY
ON
17TH OCTOBER 2013
AT
CONTINENTAL HOUSE, PARLIAMENT BUILDINGS
Preamble
The National Council of Churches of Kenya (NCCK) appreciates this opportunity to make a presentation during this investigation on miraa by the National Assembly. We note that the mandate of this Select Committee is to make recommendations and proposals to the National Assembly on appropriate legislation to regulate the miraa industry so as to protect it as a cash crop. The Select Committee is also mandated to consider the development of a policy and legal framework to address the challenges facing the miraa industry.
Miraa, also known as Khat, is a herb whose leaves and shoots contain a monoamine alkaloid called Cathinone. In Kenya, it is mainly grown in the Meru region of the country. There are no clear records on when production or consumption of miraa in the country commenced.
When consumed, miraa produces mild euphoria and excitement, and can induce manic behaviours and hyperactivity similar in effects to those produced by amphetamine. It causes loss of appetite.
The alleged negative effects of consuming miraa include destroying the liver, permanent tooth darkening, susceptibility to ulcers and diminished sex drive. These would need to be examined and confirmed medically.
When a user stops consuming miraa, it is alleged that they go through withdrawal symptoms that include mild depression and irritability, difficulties in concentration, lethargy, nightmares and slight tremor.
These effects of miraa consumption should be rigorously and scientifically examined to determine their veracity.
Biblical Position on Miraa
Whereas the Bible does not directly address the consumption of narcotic drugs, we wish to highlight two verses that are relevant to this discussion:
Galatians 5: 19 – 21
Now the works of the flesh are evident: sexual immorality, impurity, sensuality, idolatry, sorcery, enmity, strife, jealousy, fits of anger, rivalries, dissensions, divisions, envy, drunkenness, orgies, and things like these. I warn you, as I warned you before, that those who do such things will not inherit the kingdom of God.
1 Peter 5: 8
Be sober minded; be watchful. Your adversary the devil prowls around like a roaring lion, seeking someone to devour.
Ephesians 5: 18
Do not get drunk on wine, which leads to debauchery. Instead, be filled with the Spirit.
These scriptures and many others attest that God prefers that those who believe in him do not engage in products that lead drunkenness.
The Need to Regulate the Industry
However, we do recognize that there are many people who consume miraa, and that there does not seem to be adequate scientific basis for criminalizing it.
There is therefore a strong case for the development of a legal and policy framework to regulate the production, trade and consumption of miraa.
In this regard, we wish to recommend that the following issues are considered when this legal framework is developed.
i. Production of Miraa
For an unknown period of time, Kenyans have been growing miraa in Meru and other places around the country. The plant serves as their economic mainstay. We estimate that thousands of Kenyans are employed in this business.
It is therefore important for the law to provide safeguards and guidelines for the farming of the herb which include:
a) Restriction on use of any dangerous insecticides and pesticides
b) Provision of agricultural extension services to ensure that farmers are well trained on how to plant and nurture the crop
c) Adoption of measures to protect the soil so that it is useful after the miraa crop has been removed
d) Protection of farmers from exploitation by middle men
e) Measures to prevent child labour in miraa farms to enable children remain in school
f) Identification and promotion of alternative cash crops in the production areas for farmers who may prefer not to plant miraa
ii. Trading in Miraa
Miraa has grown to be a lucrative business involving millions, probably billions, of shillings. It is transported from the farms to the local markets, and from there traders move it to other towns in the country as well as to consumers in other countries. The laws touching on trade on miraa should therefore provide for:
a) Clear guidelines of licensing requirement for traders in this industry
b) Licensing of traders of integrity to ensure market management
c) Proper packaging of the product to ensure safety of the consumers
d) Guidelines for hygienic handling of the product to prevent exposure to elements
e) Prevention of development of cartels that would seek to defeat market forces
f) Taxation measures to ensure that those who trade in miraa contribute to national development since it is a high turnover crop trade
iii. Consumption of Miraa
Considering that there is no consensus around miraa, we recommend that the policy and legal framework adopted provides for the following measures among others:
a) Restrict sale of miraa to persons below the age of 18
b) Proper labeling of the product which should include a warning about its negative effects
c) Education of the society on the negative effects of miraa
d) Addressing issues of advertising of miraa
Conclusion
It is apparent that significant scientific study has been done on miraa but the results have not been consolidated and published. A mechanism and process should be put in place to formally bring together scientists, scholars and data to facilitate generation of a comprehensive report that answers all questions raised, and to publish the findings for general consumption.
In the meantime, the National Council of Churches of Kenya endorses the development of a policy and legal framework by the government to regulate the production, trade and consumption of miraa.
