Ministry Of Health Explains Why Shisha Is Still Illegal In Kenya

The Ministry of Health has reminded members of the public that the ban on Shisha remains in full effect, despite a court ruling that declared the ban unconstitutional. This prohibition, enacted in 2017 under the Public Health (Control of Shisha Smoking) Rules, outlaws the manufacture, importation, sale, and use of shisha in Kenya.

According to Public Health Principal Secretary Mary Muthoni, shisha smoking carries serious health risks, some of which led to the legality of shisha being contested in court.

"Shisha smoking poses serious health risks, including respiratory diseases, heart conditions, and exposure to toxic chemicals," the statement read in part.

"These dangers led to a legal challenge in 2018, but both the High Court (2018) and the Court of Appeal (23rd December 2024) upheld the ban, affirming that public health must take priority over commercial interests."

Health PS Mary Muthoni speaking while chairing the National Taskforce on Mpox and Marburg Virus Disease on October 31, 2024. /MINISTRY OF HEALTH

Shisha is a type of flavoured tobacco smoke that is inhaled through a single or multi-stemmed device, which passes through water or another liquid before reaching the smoker.

PS Muthoni went on to affirm the commitment of the Health Ministry as well as other public entities to ensuring that the ban remains active and that all Kenyans must comply or face consequences.

"The Ministry of Health together with other Government Agencies remain committed to enforcing this ban and urges all Kenyans to comply. We also call on law enforcement agencies to strengthen surveillance and take action against those violating this law," added the PS.

"We appeal to the public to prioritize their health and that of their loved ones. Prevention is better than cure- let us work together to keep Kenya safe and healthy."

The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) had expressed concerns that Shisha smoking had slowly but steadily managed to crawl back into the country despite its ban by the government in December 2017.

“So widespread is the vice nowadays that it is almost common practice in major entertainment joints across the country. And it has found its way deep into the rural towns where young people are puffing their way to the grave,” said Simon Mwangi, NACADA’s corporate communications officer, who was worried that “even after the ban, shisha is still widely sold in the country, especially at nightclubs, and is popular among socialites and sportspersons.”

Although shisha smokers try to downplay the negative effects of their use by claiming that the toxins contained in the shisha tobacco are eliminated after passing through water, NACADA maintains that Scientifically, even though it has passed through water, the levels of toxins in shisha smoke can be as high or higher than in cigarette smoke.

“In a shisha session lasting 60 minutes, a smoker can inhale as much smoke as a cigarette smoker would inhale from 100 – 200 cigarettes. It is also true that secondhand smoke from shisha is an extremely harmful mixture of tobacco smoke and smoke from the fuel (charcoal),” NACADA paints a grim picture of shisha smoking.

On January 24, 2025, PS Muthoni announced that the government is set to launch a new nationwide crackdown on shisha, a move that could hit hard those trading in the business of selling shisha in any local joint in the country and making a huge profit from it.

Speaking in Murang’a during a Community Health Promoters (CHPs) sensitisation and training workshop at the Mahuti Catholic Church on Friday, January 24, PS Muthoni revealed that there was a lurking danger in the tobacco product, whose importation, distribution, sale and consumption is prohibited in the country.

According to PS Muthoni, a multi-agency team, comprising key stakeholders in health and security is in the final stages of launching a nationwide campaign that will nab key personalities involved in the illicit trade.