Court Makes first ruling on petition challenging Shisha Ban in Kenya

dennis kibet

January 4, 2018 1:50 PM

The Government banned Shisha smoking last year.

Milimani Commercial Court on Thursday made its first ruling in the case filed by 15 shisha vendors who want the ban on Shisha use in Kenya to be lifted.

According to the ruling delivered today, Smoking shisha remains illegal as a judge has declined to temporarily lift the ban imposed by Health Cabinet Secretary Cleopa Mailu.

Milimani justice Roselyn Aburili instead asked petitioners to file an application for stay orders, that will be heard during an inter-parties hearing on Friday.

Final ruling

Attorney General Githu Muigai has also asked for more time to examine the details of the case before the final ruling is issued on Friday.

On December 29, Justice John Mativo directed the petitioners, who had sought orders to lift the ban, to file the main case and serve the CS and AG Muigai with court papers before the hearing on Thursday.

Speaking to KTN News on Phone, the Lawyer Manuel Hosea, Representing 15 Shisha Vendors who moved to court to challenge the Shisha ban, said that the Attorney General has promised that the final ruling on the case will be issued by Friday afternoon or Monday morning depending on the court directive.

He added that they will be back to court, on Friday to continue with the hearing of the case.

On December 28, 2017, the Government of Kenya through the Ministry of health has banned smoking of water-pipe tobacco, popularly known as shisha.

Punishment

Kenya become the third country in Africa to ban smoking of Shisha after Tanzania and Rwanda banned importation and sale Shisha within their territory.

According to the Public notice that was issued by the government, all importation, manufacture and sale of shisha were banned with immediate effect.

Those found selling Shisha will be will be liable for punishment under section 163 of Public Health Act.

“No Person shall import, manufacture, sell, offer for sale, use advertise, promote or distribute Shisha in Kenya” reads part of the Statement.