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.
The Kenyan DAILY POST
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