Health Cabinet Secretary Aden Duale has called on lawmakers to urgently enact legislation specifically targeting the regulation or outright ban of shisha use in Kenya, citing a legal vacuum that has undermined the enforcement of a presidential directive.
Appearing before the Senate Delegated Legislation Committee, Duale said that despite the 2017 ban on shisha issued through a Gazette Notice under former President Uhuru Kenyatta, enforcement remains largely ineffective due to the absence of laws that support prosecution.
“We arrest people and take them to court, but they cannot be charged because there is no law,” Duale lamented. He urged Members of Parliament to either regulate or criminalize shisha through legislation, warning of the serious health risks it poses.
The Health CS described shisha as a harmful cocktail often laced with hard drugs like cocaine and heroin. He noted that its use increases the risk of respiratory infections, heart disease, cancer, and the spread of infectious diseases due to the sharing of pipes.
Although the government introduced the Public Health (Control of Shisha Smoking) Rules in 2017, shisha outlets continue to operate with impunity, highlighting the urgent need for statutory backing.
Duale further urged Senators to use the ongoing deliberations on the Tobacco Control (Amendment) Bill to include provisions targeting shisha. He also advocated for similar laws regulating miraa and muguka, which he said pose comparable health threats.
The CS revealed that influential individuals have tried to pressure the ministry into allowing harmful tobacco products into the country but vowed to stand firm in protecting public health.
Nominated Senator Catherine Mumma, who is sponsoring the Tobacco Control Bill, criticized the Tobacco Control Board for failing in its mandate and called for its restructuring or replacement. Senator Joyce Korir echoed her sentiments, warning that flavoured tobacco imports are deceiving users into dangerous consumption habits.
Duale concluded by reaffirming the ministry’s support for the Bill and urged swift action to strengthen the country’s fight against tobacco and related substances.
