A court in Mombasa, Kenya has declared the country’s ban on shisha to be unlawful, according to The Star. The Senior Principal Magistrate at Shanzu Law Courts, Joe Mkutu, overturned the ban on the grounds that the health cabinet secretary failed to follow the proper procedures by not submitting the regulations to Parliament for approval, as directed by a 2018 High Court ruling.
What are the implications of the overturned Shisha ban?
As a result of this decision, the magistrate has ordered the immediate release of 48 individuals who were arrested and charged for selling and smoking hookah in January 2024. The National Authority for the Campaign Against Alcohol and Drug Abuse had conducted raids in Nairobi and Mombasa since December 2023, resulting in the arrest of over 60 people.
During these operations, a significant amount of shisha paraphernalia, such as bongs and charcoal pipes, were confiscated. Shisha smoking was banned in Kenya in 2017 due to health concerns, covering all aspects of its use, import, manufacture, sale, promotion, and distribution.
