Mombasa court declares the ban on SHISHA as unconstitutional!! – RUTO was right about the judiciary

Saturday, March 30, 2024 - A Mombasa court has surprised Kenyans after it ruled that the ban on shisha smoking is unconstitutional.

In a ruling delivered by Shanzu Law Courts Senior Principal Magistrate Joe Mkutu, there is no valid or lawful prohibition on the use, production, sale, or offer for sale of shisha in the country.

Magistrate Mkutu stated that the Health Cabinet Secretary had failed to adhere to a 2018 High Court directive mandating the regularization of the Public Health (Control of Shisha) smoking regulations of 2017.

"The shisha ban ceased to be operational following the lapse of the nine months," declared Mkutu, dismissing the prosecution's argument that the ban remained enforceable despite non-compliance.

The magistrate made the ruling after 48 people were presented to him for selling and smoking shisha in January 2024

Following the ruling, all the suspects were set free.


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