The High Court of Kenya has overturned the longstanding ban on Shisha, ruling that continued enforcement of the prohibition is unlawful and unconstitutional.
Judge Bahati Mwamuye determined that the Public Health (Control of Shisha Smoking) Rules, 2017, which formed the basis of the ban, lost legal effect after the government failed to regularise them within a court-mandated timeframe. Consequently, the court barred authorities from enforcing the ban using the expired regulations and related government directives issued in 2025.
What is Shisha?
Shisha, also known as waterpipe tobacco smoking, involves inhaling smoke generated by heating flavoured tobacco with charcoal. The smoke passes through water before being drawn through a hose or mouthpiece.
Unlike cigarettes, Shisha is typically used in social settings such as lounges, bars, and nightclubs. Its appeal is enhanced by a variety of exotic flavours and communal smoking practices, particularly among young people.
Contents and Health Risks
The tobacco mixture used in Shisha contains nicotine and produces smoke laden with toxic substances including carbon monoxide, tar, and heavy metals. The charcoal used to heat the tobacco also contributes to harmful emissions.
Despite common misconceptions, the water filtration process does not eliminate these toxins. Both the Ministry of Health and the World Health Organization caution that waterpipe smoking carries serious health risks comparable to cigarette smoking, including increased likelihood of cancers, respiratory and cardiovascular diseases, and nicotine addiction.
Background to the Ban and Legal Challenges
The 2017 ban was introduced amid rising Shisha use and public health concerns. However, a 2018 High Court ruling found procedural flaws in the regulations enforcing the ban, granting the government nine months to rectify them. The recent ruling highlights the government's failure to comply with this directive, rendering the ban unenforceable under the expired legal framework.
Future Regulation and Public Health
While the court ruling lifts the current ban, the Ministry of Health is developing new regulations aimed at controlling waterpipe tobacco products, reflecting ongoing concerns about Shisha's health impact and popularity.
The World Health Organization recommends comprehensive measures including advertising restrictions, health warnings, regulation of smoking venues, and public education campaigns to address misconceptions and reduce harm.
