The Kenyan government has reaffirmed that the 2017 ban on shisha remains in full force, despite a recent court ruling that declared the prohibition unlawful. Public Health Principal Secretary Mary Muthoni reiterated the position in a statement on Monday, underlining that the ban continues to be enforced.
The 2017 ban, which was implemented through the Public Health (Control of Shisha Smoking) Rules, made it illegal to manufacture, import, sell, or use shisha in the country. The Ministry of Health’s directive was based on the serious health risks associated with shisha smoking, including respiratory diseases, heart conditions, and exposure to toxic chemicals.
“The Ministry of Health wishes to remind all Kenyans that the ban on shisha remains in full effect,” Muthoni said. “This prohibition, enacted in 2017, outlaws the manufacture, importation, sale, and use of shisha in Kenya.” She further emphasized that shisha smoking is a leading contributor to health issues that burden the country’s health system.
However, the recent legal challenges to the ban have brought it into the spotlight once again. On March 29, 2024, the Mombasa Shanzu Law Courts ruled that the ban was unlawful, citing procedural errors in the initial implementation. The ruling came after 48 individuals were arrested in January 2024 for selling and smoking shisha. Senior Principal Magistrate Joe Mkutu noted that the Cabinet Secretary for Health had not complied with a 2018 High Court order to present the shisha ban to Parliament for approval. The failure to meet the nine-month deadline set by Justice Roselyn Aburili in 2018 meant the ban had no legal standing when the accused committed the alleged offenses.
The court’s decision led to the discharge of all 48 accused individuals, and the cash bail deposited by the accused was refunded, except where forfeited. However, despite the ruling, the Court of Appeal upheld the 2017 ban in December 2024, reinforcing the government’s commitment to prioritizing public health over commercial interests.
In response to the court ruling, the Ministry of Health, along with other government agencies, has vowed to enforce the ban and urged law enforcement to intensify efforts to curb shisha smoking. The Ministry also called on Kenyans to comply with the law and prioritize their health.
“We urge all Kenyans to comply with the law and prioritize their health and that of their loved ones,” Muthoni stated. “Prevention is better than cure let us work together to keep Kenya safe and healthy.”
Shisha, which is flavored tobacco smoked through a water pipe, has been linked to numerous health hazards. The World Health Organization (WHO) warns that the toxins present in shisha smoke can be as harmful, if not more, than those in cigarette smoke. A typical shisha session can involve inhaling the equivalent of smoking 100 to 200 cigarettes in an hour.
Despite the ban, concerns have been raised by the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) about the widespread availability of shisha in Kenya. Simon Mwangi, NACADA’s corporate communications officer, noted that shisha is increasingly being used in upscale nightclubs and has even made its way into rural towns, where young people are being 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 combat shisha smoking were being undermined.
NACADA also cautioned against the misconception that water filters out the harmful toxins in shisha smoke, highlighting that secondhand smoke from shisha contains a toxic mixture of tobacco smoke and smoke from the charcoal used to heat the water pipe.
Despite its legal troubles, the Kenyan government remains steadfast in its efforts to prevent the harmful effects of shisha smoking. Former Interior Cabinet Secretary Kithure Kindiki, who is now Deputy President, issued a strict directive during his tenure, banning the importation, manufacture, sale, and use of shisha, and imposing severe penalties on establishments found violating the law.
Kenya became the fourth East African country to impose such a ban in 2017, following Uganda, Tanzania, and Rwanda. While the battle over the legality of the shisha ban continues in the courts, the government remains committed to ensuring that public health is protected, and that Kenyans stay informed about the dangers of this harmful substance.
