The High Court has declared the 2017 shisha ban unenforceable, ruling that the government failed to address legal deficiencies identified in earlier court proceedings.
In a judgment delivered on Tuesday, the court barred enforcement agencies from relying on the existing regulations to arrest individuals, confiscate shisha products, or shut down businesses until a legally compliant framework is enacted.
The continued enforcement of the 2017 regulations is unconstitutional and cannot be sustained in the absence of a lawful regulatory framework
COURT
The decision marks a major victory for business owners, many of whom said they suffered financial losses after bars, lounges, and entertainment establishments were targeted during enforcement operations. They welcomed the ruling, saying it restores certainty for businesses that had been operating under the threat of crackdowns.
However, public health advocates expressed concern over the judgment, arguing that shisha poses serious health risks and urging Parliament to fast-track legislation that protects public health while complying with constitutional requirements.
The court emphasized that its decision does not legalize shisha but instead requires the government to establish a lawful regulatory framework before any future enforcement can take place.
The government has the option of appealing the ruling or introducing fresh legislation to regulate the manufacture, sale, and consumption of shisha in Kenya.
