Nairobi Authorities Ramp Up Enforcement of Shisha Ban

Authorities in Nairobi intensified efforts to enforce the nationwide ban on shisha this past weekend, conducting coordinated crackdowns on illegal outlets. 

The operation, led by the Ministry of Health (MoH) in collaboration with law enforcement agencies, resulted in the impoundment of multiple shisha delivery systems and the arrest of several individuals accused of violating the 2017 prohibition. Health Principal Secretary Mary Muriuki emphasizes the operation's significance in upholding the national shisha ban and protecting public health. Speaking at a press briefing, Muriuki stated that the enforcement exercise marks the beginning of ongoing nationwide operations to ensure comprehensive compliance with the ban.
 
"The Ministry of Health remains committed to protecting the health of our citizens and will work tirelessly to eliminate violations of this ban," Muriuki affirmed, urging the public to report any illegal shisha outlets to the relevant authorities. 

Those arrested during the operation were arraigned in court. Enacted in 2017 under public health regulations, the ban on the importation, manufacture, sale, and use of shisha in Kenya remains firmly in place due to the serious health risks associated with shisha smoking. Also known as hookah or waterpipe, shisha involves smoking flavoured tobacco through a device where the smoke is passed through water before being inhaled. 

Health experts have linked its use to respiratory and cardiovascular diseases, particularly among young people. In March, a newly formed industry association, the Novel Tobacco Products Association (NTPA), challenged the Kenyan Ministry of Health's ban on shisha products. This development comes as the government intensifies its scrutiny of vapes, e-cigarettes, nicotine pouches, and its enforcement of the 2017 ban on shisha, citing public health concerns. 

The NTPA, representing manufacturers, importers, wholesalers, retailers, and consumer groups within the novel tobacco sector, aims to establish self-regulation mechanisms and advocate for a more collaborative regulatory framework. Central to their agenda is the lifting of the shisha ban, which the Ministry of Health has reaffirmed, prohibiting the importation, manufacture, sale, and use of shisha in Kenya. Okalle Makanda, the NTPA's lawyer, has formally challenged the government's position, asserting that the ban lacks a sound scientific basis and unfairly favours traditional tobacco products like cigarettes. 

In a letter to Principal Secretary for Public Health Mary Muriuki, Makanda argued that while the government has the authority to regulate tobacco consumption, an outright ban through subsidiary regulations is legally questionable, particularly if the enabling legislation does not explicitly prohibit such consumption. The NTPA advocates for a balanced regulatory approach with self-regulation as a means to ensure compliance and consumer protection.