High court upholds ban on shisha

 High Court has upheld the ban on shisha imposed on December 2017.(Courtesy)

By Kevin Kyalo

NAIROBI—Shisha manufactures and business owners have suffered a blow as the High Court has upheld the ban of the substance.

Justice Roselyn Aburili, on Thursday ruled that the well-being of Kenyans comes first than social and economic gains of shisha businessmen.

“The ban on shisha though irregular shall remain in force as this court cannot gamble with the health and future of generations of Kenyans,” said Ms Aburili.

However she noted that the manner in which the health ministry imposed the ban was unconstitutional.

She scolded the state for issuing the shisha ban without sensitising and educating the public on the dangers of consuming the commodity.

Justice Aburili ordered the government to comply with the required regulations in nine months and that the necessary regulations should be tabled before Parliament for approval before implementation.

“I decline to invalidate the rules but it is the duty of the State to take protective measures without having to wait until negative effects manifest,” the justice ruled.

The ban on manufacture, sale and consumption of shisha was implemented by former Cabinet Secretary Cleopa Mailu on December 2017.

The judge further ruled that the health CS failed to reveal to the court the intention to table the legal notice before Parliament for debate.

She also observed that CS Mailu did not involve public and stakeholders in the shisha business.

“Fair administrative action is a right guaranteed in the constitution,” she noted.

Dr. Cleopa Mailu argued that consumption of the product in Kenya has been found to be a gateway to the use of hard drugs such as heroin.

He warned that anyone found contravening the control of shisha smoking rules will be “liable to a fine not exceeding Sh50,000, or to imprisonment for a term not exceeding six months, or to both”.

Shisha is a pipe for smoking flavoured tobacco, which passes the smoke through water.