Shisha remains banned, Health Ministry says despite court ruling
The rules ban the manufacture, importation, sale, and use of shisha in Kenya due to the severe health risks it poses.
The government has reiterated that the 2017 ban on shisha remains in full effect, following a recent court ruling that declared the ban unlawful.
In a statement on Monday, Public Health Principal Secretary Mary Muthoni reminded Kenyans of the prohibition, which was enacted under the Public Health (Control of Shisha Smoking) Rules.
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The rules ban the manufacture, importation, sale, and use of shisha in Kenya due to the severe health risks it poses.
“The Ministry of Health wishes to remind all Kenyans that the ban on shisha remains in full effect. This prohibition, enacted in 2017, outlaws the manufacture, importation, sale, and use of shisha in Kenya,” Muthoni said.
She highlighted that shisha smoking is linked to respiratory diseases, heart conditions, and exposure to toxic chemicals, which led to the initial implementation of the ban.
In a controversial ruling on March 29, 2024, the Mombasa Shanzu Law Courts declared the ban unlawful, setting free 48 individuals who had been arrested for selling and smoking shisha in January 2024.
Senior Principal Magistrate Joe Mkutu ruled that the Cabinet Secretary for Health had failed to comply with a 2018 High Court order to regularise the 2017 ban by submitting it to Parliament for approval.
“It is not in dispute that the High Court found that the Cabinet Secretary, upon issuing the legal notice banning the use, manufacture, and sale of shisha, did not comply with procedural requirements,” Mkutu said. He further noted that the ban ceased to be operational after the Health Cabinet Secretary failed to meet the nine-month deadline set by Justice Roselyn Aburili in 2018.
Magistrate Mkutu concluded that the 2017 ban had no legal standing at the time the accused committed the alleged offenses in January 2024, resulting in the discharge of all 48 accused individuals. He ordered that the cash bail deposited by the accused be refunded, except in cases where it had already been forfeited.
The Court of Appeal then upheld the ban, with the latter ruling in December 2024 that public health should take precedence over commercial interests.
The Ministry of Health, along with other government agencies, has pledged to enforce the ban and called on law enforcement to strengthen surveillance and take action against violators.
Principal Secretary for Public Health and Professional Standards, Mary Muthoni. (Photo: Ministry of Health)
“We urge all Kenyans to comply with the law and prioritize their health and that of their loved ones. Prevention is better than cure—let us work together to keep Kenya safe and healthy,” Muthoni added.
Health risks
Shisha, a flavoured tobacco smoked through a water pipe, has been linked to serious health risks, including respiratory diseases, heart conditions, and exposure to toxic chemicals.
The World Health Organization (WHO) has warned that the toxins in shisha smoke can be as harmful, if not more so, than those in cigarette smoke. A typical shisha session can involve inhaling smoke equivalent to smoking 100 to 200 cigarettes in one hour.
The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has raised concerns that despite the ban, shisha remains widespread in Kenya, particularly in upmarket nightclubs and among socialites and sportspeople.
Simon Mwangi, NACADA’s corporate communications officer, warned that shisha smoking had even made its way into rural towns, where young people are exposed to its dangerous effects.
“It has found its way deep into rural towns where young people are puffing their way to the grave,” Mwangi said, expressing concern that the government’s efforts to curb shisha smoking were being undermined.
NACADA stressed that the harmful effects of shisha cannot be downplayed, despite claims that water filters out toxins.
The agency highlighted that secondhand smoke from shisha is a dangerous mixture of tobacco smoke and smoke from the charcoal used to heat the water pipe.
During his tenure as Interior Cabinet Secretary, Kithure Kindiki now the Deputy President banned the importation, manufacture, sale and use of Shisha in the country.
He said advertisement, promotion or distribution of the same is also illegal with immediate effect.
"The importation, manufacture, sale, use, advertisement, promotion or distribution of shisha is outlawed in the country, any establishment found in breach of this provision will be shut down with immediate effect," Kindiki said.
"Products that do not comply must be withdrawn from the market."
He directed County Security Teams to ensure the directives were adhered to, without fail.
Section 163 of the Public Health Act enacted in 2017 stipulates that offenders may face a fine not exceeding Sh50,000, imprisonment for a term not exceeding six months, or both.
Kenya became the fourth East African country to ban shisha in 2017, following Uganda, Tanzania, and Rwanda. Despite the legal battle, shisha remains a persistent issue in the country.
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