Former chief justice Willy Mutunga has come out to oppose the recent ban on sale and use of shisha in Kenya.

The retired Supreme Court judge question the legal  process that Health CS Cleopha Mailu had followed in gazetting the ban.

The chances are that the CS has not consulted the AG on his constitutional and legal powers to announce such a ban.

Through his Twitter account, the veteran human rights activist accused Mailu of being hypocritical and showing dictatorial tendencies.

"For a person who doesn’t believe that the right to health is a public good this ban smirks of hypocrisy and dictatorship," Mutunga remarked.

Mailu on Thursday gazettes new regulations that make it illegal to manufacture, advertise, or consume the tobacco product.

National Assembly leader Aden Duale has since promised to come up with a substantive law that will complement the Health Ministry's ban.