The High Court has lifted Kenya’s ban on shisha.
Justice Bahati Mwamuye ruled that authorities cannot continue enforcing the ban.
He said the Public Health (Control of Shisha Smoking) Rules, 2017 are no longer valid.
The judge said the government failed to regularise the rules within the nine-month period set by the court in 2018.
Court Declares Crackdown Unlawful
Justice Mwamuye ruled that government agencies cannot use the expired rules to enforce the ban.
He also declared unlawful a press statement issued on February 3, 2025.
In addition, he struck down a directive issued on April 14, 2025. The directive had announced a nationwide crackdown on shisha outlets.
Court Upholds Petitioners’ Rights
The judge ruled that continued enforcement of the ban violated the petitioners’ constitutional rights.
As a result, the court stopped the government from enforcing the expired rules.
The ruling also prevents authorities from enforcing related directives against members of the Novel Tobacco Products Association.
