The court ruled Mailu should have placed the rules before Parliament before implementation/FILE
NAIROBI, Kenya, Jul 26 – The High Court has ruled that the manufacture, importation, distribution, sale and consumption of shisha remains banned.
Justice Rosslyn Aburili upheld the decision by the Ministry of Health to keep the ban it even though the notice was unprocedural.
The judge has directed the State to comply with the required regulations within nine months.
This is after the judge found that former CS Cleopa Mailu flouted procedural rules while issuing the notice in January 2017.
The judge however 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,” she declared.
Justice Aburili 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.
She concurred with the respondents that Mailu ought to have placed the regulations before Parliament for approval before implementation.
“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.
She 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.
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