1 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

CHRONOLOGY OF SHISHA BAN

IN KENYA

2 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

Prelude

25th December 2014, The National Authority for the Campaign against Alcohol and Drug Abuse (NACADA) in conjunction

with the Ministry of Health banned 19 Shisha flavours. These flavours were found to contain marijuana, heroin and cocaine.

An order was made to an immediate withdrawal of Al Fakher strawberry, Al Faker orange, Al Fakher two apples with mint,

Al Fakher vanilla, Al Fakher Guava, Al Fakher orange with mint, Nakhala molasses tobacco apple, strong formulated shisha

cocktail, medium formulated shisha cocktail, mild formulated shisha, Al Fakher energy drink flavours among others.

Media report

https://www.nation.co.ke/news/Nacada-bans-19-shisha-flavours/1056-2362124-10bbg6cz/index.html

https://allafrica.com/stories/201406260206.html

“

All the 19 products stand banned with immediate

effect and anyone caught consuming and selling

these products should be taken to court,

”

Mr Mututho (Nacada Chairman)

2014

3 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

2014

2016

2017

2018

2019

KENYA BANS 19

FLAVOURS OF SHISHA

19-YEAR-OLD DIES AFTER NIGHT

OF SMOKING SHISHA

KENYA BANS SHISHA

SHISHA BAN CHALLENGED IN COURT

HIGH COURT UPHOLDS

SHISHA BAN

KETCA & OTHER HEALTH ADVOCATES

PUSH FOR SHISHA BAN IN KENYA

KETCA CARRIES OUT SHISHA BAN COMPLIANCE STUDY

CHRONOLOGY

OF SHISHA BAN

IN KENYA

Source:

https://nairobinews.nation.co.ke/news/19

-year-old-girl-dies-night-smoking-sheesha

4 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

The Bold Step

Kenya bans shisha with an immediate effect!

The World Health Organisation (WHO), in a recent advisory note to regulators, revealed that smoking shisha posed grave

health risks.

27th December 2017, the Cabinet Secretary for Health, Dr Cleopa Mailu, through a legal notice, prohibited the importation,

manufacture, sale or distribution of shisha.

Media report

https://www.businessdailyafrica.com/news/Kenya-

bans-shisha-smoking/539546-4243990-5e439j/index.html

https://citizentv.co.ke/news/mailu-why-i-banned-

shisha-in-kenya-187375/

https://www.sde.co.ke/article/2001264369/kenyan-

government-bans-smoking-of-shisha

"

No person shall allow, promote, facilitate or

encourage or do anything to allow, promote,

facilitate or encourage shisha use in Kenya,

"

According to the new regulations to control shisha

smoking.

“

Any person who contravenes any provisions of these

rules [Control of Smoking Shisha Rules, 2017] may, where

a penalty has not been expressly provided for under

any provision of the Act, be liable to the penalty

contemplated under Section 163 of the [Public Health]

Act,

”

Says the Special Kenya Gazette notice dated December 28 and

signed by Dr Mailu.

2017

5 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

Strong statement by Government

Intensified action by authorities in support of the shisha ban!

18th June 2018: The Cabinet Secretary for the Ministry of Interior and

Coordination of National Security joins Nairobi City County Commissioner

and various Deputy County Commissioners in burning Shisha equipment

in Nairobi’s Dagoretti Sub County.

24th October 2018: Kamukunji Sub County forms a

committee to support the implementation and

enforcement of shisha ban among other tobacco control

efforts in the area.

7th January 2019: Nairobi County Regional Commander

led other county administrators in burning shisha equipment among other illegal

gambling machines to reiterate Government’s position in enforcing the ban on shisha among others.

Media Report

https://www.youtube.com/watch?v=B85xSsr7aAA&t=60s

Progress in Nairobi so far

1. Raids conducted by end of April - 14

2. Arrests - 102

3. 1.3 million in cash bails, fines and forfeitures.

2018

No. of equipment burned

1. Gaming machines -79

2. Shisha stands- 114

3. Shisha pipes - 168.

6 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

https://www.youtube.com/watch?v=Y_33mZB5M9M

https://www.capitalfm.co.ke/news/2018/01/50-arrested-nairobi-smoking-shisha-due-court/

7 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

The Campaigns

The ban was largely received positively by the Kenyan publics and civil society organizations, led by the Kenya Tobacco

Control Alliance (KETCA) initiated campaigns to create public awareness and push for effective implementation of the

Shisha ban. These campaigns were conducted through the media (both traditional and social media) and on the streets

19th May 2018: Kenya Tobacco Control Alliance (KETCA) partnered with its

member organization, the Den of Hope Youth Group in conducting a public

awareness campaign dabbed #ChoreaShisha (loosely translated as Avoid

Shisha) in Kamukunji Sub County, which houses some of most notorious areas

of shisha use in Nairobi. The purpose of the campaign was to 1) Sensitize the

public on the dangers of shisha use 2) Enlighten the public on the shisha ban

3) Call for the relevant authorities to effectively implement the shisha ban.

24th October 2018: KETCA sensitizes enforcement officers from Kamukunji Sub

County

Media Appearances:

7th February 2018: KETCA makes appearance on KTN’s Morning show to highlight on the importance of Shisha ban

19th May 2018: KETCA makes an appearance on KBC’s morning show to discuss shisha ban

27th July 2018: KETCA is invited to EBRU TV to discuss the ruling on shisha ban

16th November 2018: KETCA holds a forum for students to support the efforts of public awareness in institutions of

higher education

Media Reports

https://hivisasa.com/posts/religious-leaders-support-ban-of-shisha

https://www.the-star.co.ke/news/2017-12-25-shisha-ban-a-doctors-view-on-why-you-should-drop-that-dirty-pipe/

http://ketca.org/why-the-war-on-shisha-needs-to-be-sustained/

http://ketca.org/choreashisha-anti-shisha-campaign-goes-to-the-grassroots/

https://www.youtube.com/watch?v=yH2bB-fxKDo

2018

8 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

A Small Bump

Apparently, the ban on shisha rubbed some shoulders the wrong way!

28th January 2018: The Cabinet secretary for Tourism, Mr Najib Balala

openly dismisses the Shisha ban with claims that he ban will hurt the

economy. His statement read in part

As expected, tobacco industry, masquerading as shisha dealers and

importers filed a case in court in an attempt to stop the

implementation of the Ministry’s directives.

12th February 2018: A case on Shisha ban is heard before High Court

Judge, Justice Aburili – Here the dealers had made an application for

the ban to be lifted. The ruling date set for March 21st 2018.

21st March 2018: The court refuses to lift the shisha ban and pushes the case to full hearing.

27th April 2018: Final ruling on Shisha expected BUT was postponed to a later date to be determined by the court.

8th October 2018: Shisha case filed in Machakos, hearing fails to take off. The hearing is therefore postponed to 11th

December 2018.

Media Reports

https://www.businessdailyafrica.com/news/Tourism-secretary-Najib-Balala-faults-shisha-ban/539546-4282954-

frhig3z/index.html

“

You do your job, we will support but you don’t

wake up overnight and ban shisha or start

closing clubs. The whole world has shisha, why

ban it in Kenya? If we have issues of health, put

a tax. Why don’t you ban cigarettes? Why

don’t you ban alcohol? I am not a smoker so I

am not defending shisha smokers,

”

Mr Balala.

2018

9 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

More Campaigns

The campaigns for the implementation of the shisha ban intensified, with Civil Society and Religious organizations

demanding for apology from the Cabinet Secretary for Tourism for his remarks on the ban.

The Kenya Tobacco Control Alliance, wrote an official letter requesting for

official public apology from the Cabinet Secretary!

2nd February 2018: GOOD NEWS!

The Minister responded with a rather

awkward apology which read in

part.

“

Although the ministry fully supports the ban it

takes issue with the manner it was done

overnight without much consideration of the

relevant stakeholders and without requisite

notice.

"

– Mr Balala

2018

Media Reports

https://www.standardmedia.co.ke/article/2001

268101/balala-s-support-for-shisha-harshly-

criticised

https://www.businessdailyafrica.com/news/I-

don-t-oppose-shisha-ban--just-the-way-it-was-

done---Balala/539546-4286996-6jxl44/index.html

10 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

A Call for Help! - Collaboration works

A close working relationship between civil society organizations and the government leads to successful implementation

and enforcement of public health policies, such as the Shisha Ban. It also inculcates trust elements that are essential in

successful advocacy work.

2018

11 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

The BIG Victory

26th July 2018: Justice Roselyn Aburili upheld the ban imposed by the Ministry of Health, dealing a blow to efforts to lift it.

However, the court ordered that the Ministry

of Health follows the due process in

regularizing the shisha ban. The Ministry of

Health is given 9 months to comply.

4th February 2019: The Tobacco Control Board

conducts public participation exercise in

Nairobi, Mombasa and Kisumu as ordered by

the court

2nd April 2019: KETCA meets Tobacco Control Secretariat to follow up on the shisha ban regularization progress

Media Report

https://www.nation.co.ke/news/Blow-to-shisha-lovers-as-court-upholds-ban/1056-4683490-vwve6d/index.html

https://citizentv.co.ke/news/ban-on-shisha-remains-even-as-court-rules-former-cs-did-not-follow-the-constitution-

207966/

https://www.the-star.co.ke/news/2018-07-26-shisha-ban-to-remain-in-force-court-rules-citing-health-grounds/

https://www.mwakilishi.com/article/kenya-news/2018-07-27/high-court-upholds-govt-ban-on-smoking-of-shisha

https://www.the-star.co.ke/news/2019-02-04-eastleigh-residents-differ-on-shisha-ban/

https://atca-africa.org/en/kenya-make-ban-on-shisha-legal-ministry-urged

http://nairobitimez.co.ke/2018/07/26/shisha-ban-upheld-by-high-court-judge-says-you-cant-gamble-with-kenyans-

health/

“

The well-being of Kenyans comes first than social and

economic gains of shisha businessmen

”

- Justice Aburili said as she made her final ruling on the shisha ban

case.

2019

12 | P a g e

CHRONOLOGY OF SHISHA BAN IN KENYA

What next?

To determine how we doing

Following the rigorous implementation and enforcement work and public education campaigns that have taken place

since the ban was imposed by the Ministry of Health, Kenya tobacco control Alliance is currently carrying out a study to

determine the level of compliance with shisha ban in Nairobi City County.

Purpose of the study

To determine the whether the ban is complied with

To determine how effective the public education campaigns have been

To determine the gaps in implementation and enforcement of the ban