The High Court has struck down the enforcement of the shisha smoking ban, ruling that the prohibition is unlawful and unconstitutional.
Justice Bahati Mwamuye ruled that the Public Health (Control of Shisha Smoking) Rules, 2017, lost legal effect after the government failed to regularise them within the nine-month timeframe granted in 2018. Consequently, authorities can no longer enforce the ban based on these expired regulations.
The court also declared unlawful a government press release dated February 3, 2025, and a directive issued on April 14, 2025, which announced intensified crackdowns on shisha outlets.
Justice Mwamuye further held that continuing to enforce the expired rules infringes on the constitutional rights of members of the Novel Tobacco Products Association, effectively barring the government from applying these measures against them.
