The High Court has struck down the continued enforcement of the shisha ban in Kenya, ruling that it is no longer legally valid and violates constitutional rights. In a landmark ruling, Justice Bahati Mwamuye determined that the Public Health (Control of Shisha Smoking) Rules, 2017 lost their legal force after the government failed to regularize them within a nine-month window granted by the court in 2018. According to the judge, once that period lapsed without compliance, the regulations effectively expired and could no longer be used as a basis to enforce the ban.
The court also invalidated more recent government actions aimed at enforcing the prohibition. Specifically, a press statement issued on February 3, 2025, and a directive dated April 14, 2025 ordering a crackdown on shisha businesses were declared unlawful. Justice Mwamuye emphasized that authorities cannot rely on expired laws to justify enforcement actions.
The ruling further found that continued enforcement of the ban infringed on the constitutional rights of affected parties, including members of the Novel Tobacco Products Association. As a result, the court barred the government from taking any further action against them based on the invalidated regulations.
The decision effectively lifts the long-standing shisha ban, marking a significant shift in the regulation of tobacco-related products in Kenya. It also underscores the importance of proper legislative processes and adherence to court directives.
