A petition filed to temporarily lift the shisha ban imposed by Health Cabinet Secretary Cleopa Mailu has been declined by Milimani Judge Roselyn Aburili.
Fifteen people, led by Kennedy Langat, Maurice Obunga, Stephen Irungu, Vivian Shikweya, and Henry Gitau moved to court a day after Mailu imposed the ban on the importation, promotion, and use of Shisha in Kenya.
Through their lawyers led by Victor Savula, they said the ban was unconstitutional and that it violated the rights of employees. They also said it left manufacturers with costs amounting to billions of shillings.
They said they were among importers, manufacturers, sellers, promoters, and users of shisha in the country.
On December 29, Justice John Mativo directed the petitioners, who had sought orders to lift the ban, to file the main case and serve the CS and Attorney General Githu Muigai with court papers before the hearing yesterday.
But on Thursday, Justice Roselyn Aburili declined to lift the ban and instead asked the petitioners to file an application for stay orders, that will be heard during an inter-parties hearing on Friday.
The petitioners want the court to suspend the ban pending hearing and determination of their case.
They said the minister’s notice is erroneous and that it contravened the constitution and is discriminatory.
They accused CS Mailu of acting unreasonably because he did not give them a notice so they could avoid restocking and supplying the product.