Shisha ban stays in force until case heard and determined

January 15, 2018 1:40 pm
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Judge Roselyn Aburili declined to suspend the directive until the matter is fully heard and will give all parties an opportunity to lay out their case/FILE

, NAIROBI, Kenya, Jan 15 – The ban on shisha is still in force following the High Court’s refusal to lift the restriction imposed by Health CS Cleopa Mailu last December.

Judge Roselyn Aburili declined to suspend the directive until the matter is fully heard and will give all parties an opportunity to lay out their case.

The judge was not convinced that a stay order would be necessary at this stage of the case.

According to Justice Aburili, if the court grants the prayers of the shisha traders, any losses that might be incurred due to loss of business and employment can be compensated.

The case will be mentioned next Monday for further directions.

In the case, 15 businessmen are in court to contest the ban on the importation, promotion and the use of shisha in Kenya.

The aggrieved petitioners have faulted Mailu’s directive accusing him of failing to consult them or involve the public before reaching the decision.

The CS has since defended his action, insisting that he exercised his powers under the Public Health Act.

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