The Ministry of Health has warned Kenyans that the ban on shisha remains in full effect and urged them to comply with the order.
The directive was communicated on Monday, February 3, 2025, through Health Principal Secretary Mary Muthoni.
The ministry says the ban prohibits the manufacture, importation, sale and use of the substance across the country according to the Public Health (Control of Shisha Smoking) Rules.
“The Ministry of Health wishes to remind all Kenyans that the ban on shisha remains in full effect. This prohibition, enacted in 2017 under the Public Health (Control of Shisha Smoking) Rules, outlaws the manufacture, importation, sale, and use of Shisha in Kenya,” Muthoni stated.
“Shisha smoking poses serious health risks, including respiratory diseases, heart conditions, and exposure to toxic chemicals. These dangers led to a legal challenge in 2018, but both the High Court (2018) and the Court of Appeal upheld the ban, affirming that public health must take priority over commercial interests.”
The ministry has additionally urged the public to put their safety and that of others first by observing the rule, reiterating its commitment and that of government agencies to enforcing the ban.
“We appeal to the public to prioritize their health and that of their loved ones. Prevention is better than cure- let us work together to keep Kenya safe and healthy. Let us work together to keep Kenya safe and healthy,” Muthoni added.
“The Ministry of Health together with other government agencies remain committed to enforcing this ban and urges all Kenyans to comply. We also call on law enforcement agencies to strengthen surveillance and take action against those violating the law.”
Shisha banned
Shisha was banned in Kenya in 2017 at a time when the substance was gaining popularity in nightclubs and towns in major urban areas. The outlawing prompted several crackdowns across the country by law enforcers as the government ramped up efforts to curb its usage.
The ruling was however subjected to legal challenges. Justice Roselyn Aburili found that the shisha ban imposed by then Health CS Cleopa Mailu through a gazette notice dated December 28, 2018, was irregular but allowed it to remain in force although with a caveat.
The ruling further directed that the health cabinet secretaries regularise the ban by following the procedural requirements by forwarding them to parliament for approval, which never took place.
In 2024, Senior Principal Magistrate Joe Mkutu while sitting in a Shanzu Law Courts, ruled that there was no valid or lawful ban on the use, manufacture, sale or offer for sale of shisha in the country.
The ruling led to the release of around 50 persons who had been arrested and charged for selling and smoking shisha in January 2024.
However, the Court of Appeal, in a ruling on December 23, 2024, upheld the ban.
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