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CS Aden: Fight against drug abuse, shisha not a joke

Defence CS Aden Duale at a past event. (X/Aden Duale)

By Bashir Mohammed | 30 Mar 2024

The CS's comments come amidst ongoing efforts to curb the use of shisha, which he reiterated as illegal, emphasising that shisha addicts must face legal consequences.

Defence Cabinet Secretary Aden Duale has insisted shisha smoking, illicit alcohol, and drug abuse must all be eradicated in the country.

Speaking in Kwale on Saturday, the CS underscored the gravity of the issue, asserting it as a crucial aspect of government policy requiring concerted efforts from local leaders, National Administration officials, and law enforcement agencies.

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"This issue of ending drug abuse is not a joke, it is now government policy because these are our children, who are the leaders of the future," stated Aden, emphasising the significance of collaborative action to safeguard the nation's youth.

Aden also highlighted the alignment of governmental resolve with societal values, citing the unequivocal support of both President William Ruto and his deputy Rigathi Gachagua towards combating the drug menace.

"We have a President and a Deputy President who say that we must fight the drug menace, illicit alcohol, and shisha. They are not Muslims, they are Christians, but what they say is what our religion says," he said.

The CS's comments come amidst ongoing efforts to curb the use of shisha, which he reiterated as illegal, emphasising that shisha addicts must face legal consequences.

However, recent developments have cast a shadow over the enforcement of such measures.

A recent Mombasa court ruling declared the shisha ban unlawful, resulting in the release of 48 individuals arrested and charged with selling and smoking the substance.

Senior Principal Magistrate Joe Omido Mkutu, presiding over the case at the Shanzu Law Courts, ruled that the government had failed to follow legal procedures in enacting the ban.

"The Ministry of Health failed to comply with a 2018 High Court ruling that directed the docket holder to regularise the Public Health (Control of Shisha) smoking rules of 2017 by submitting them to Parliament for approval," declared Magistrate Mkutu.

The ruling, based on the failure to adhere to legal protocols, effectively invalidated the ban on shisha, leaving charges related to its use, manufacture, sale, or offer for sale without legal grounds.

"Having already reached the finding that there is no valid or lawful ban on the use, manufacture, sale, or offer for sale of shisha under the Public Health Rules of 2017, for the reason that the said rules were not regularised by the cabinet secretary within the nine months as ordered or directed by the High Court, it follows that there are no valid charges in any of the consolidated files before me," he added.