A Mombasa court has challenged the nationwide ban on shisha , resulting in the exoneration of 48 individuals previously detained for their involvement in shisha-related activities. Senior Principal Magistrate Joe Mkutu, presiding at the Shanzu Law Courts, declared the ban unlawful due to procedural shortcomings and the absence of proper legislative approval.
The ruling stemmed from the Cabinet Secretary for Health’s failure to comply with a 2018 High Court directive to formalize the regulations governing shisha use by presenting them to Parliament for scrutiny. Despite a prior High Court ruling highlighting the irregularity of the shisha ban, the Health Ministry had not taken corrective measures within the stipulated timeframe.
Senior Principal Magistrate, Omido Mkutu, at the Shanzu Court finds that there is no valid &/or lawful ban for the use, manufacture, sale & offer for sale of Shisha under the Public Health (Control of Shisha smoking) Rules 2017 because the rules were not regularised by the… pic.twitter.com/aVcfHnUu5x
— Julians Amboko (@AmbokoJH) March 29, 2024
Consequently, Magistrate Mkutu dismissed the charges against the defendants and ordered their immediate release, unless lawfully detained for other reasons. This landmark verdict carries profound implications for the legality of the shisha ban and emphasize on the importance of procedural adherence in implementing public health measures.
The court’s decision represents a significant victory for individuals affected by the shisha ban and prompts reflection on the regulatory framework governing public health initiatives in Kenya. As the legal landscape evolves, stakeholders await further developments and potential legislative responses in light of this precedent-setting ruling.