The manufacture, importation, distribution, sale, and consumption of shisha remains banned, the High court has ruled.
Justice Roselyn Aburili, in a ruling on Wednesday, upheld the decision by the Ministry of Health to keep the ban even though the notice was unprocedural.
She faulted former Health CS Cleopa Mailu for flouting the procedural rules but declined to quash the notice as sought by shisha businessmen saying the well-being of Kenyans is more important than social and economic gains of the respondents.
“The ban on shisha though irregular shall remain in force as this court cannot gamble with the health and future of generations of Kenyans,” Aburili declared.
The judge directed the State to comply with the required regulations within nine months.
Aburili further faulted the government for issuing the ban without sensitizing and educating the public on the dangers of consuming shisha.
“I decline to invalidate the rules but it is the duty of the State to take protective measures without having to wait until negative effects manifest,” she stated.
“There was a statutory obligation by the CS to ensure that within seven days of publication of the notice the regulations were placed before Parliament for approval before implementation,” she added.
Justice Aburili further claimed that the decision was based on the greater public interest of protecting and enforcing public health from harmful effects and practices associated with its consumption.