Shisha offenders to face upto Sh1 million fine in new rules

The government has proposed a new set of regulations imposing fines of up to Sh1 million on shisha offenders, arguing that Kenya's 2017 ban has failed to stop the widespread use of the waterpipe tobacco product, particularly among young people and in entertainment venues.

According to a Regulatory Impact Statement prepared by the Ministry of Health and the Tobacco Control Board, shisha continues to be sold and consumed despite existing restrictions, prompting authorities to seek tougher enforcement powers and harsher penalties.

The proposed Public Health (Control of Waterpipe Tobacco Products) Rules, 2026 would replace the current Public Health (Control of Shisha Smoking) Rules, 2017 and introduce a more comprehensive framework targeting the entire shisha supply chain.

Under the proposed regulations, the importation, manufacture, sale, distribution, advertisement, promotion and use of waterpipe tobacco products would remain prohibited.

However, offenders would now face a fine of up to Sh1 million, imprisonment for up to six months, or both.

The government says the move is necessary because the existing ban has not fully achieved its intended objective.

"In Kenya, shisha was banned in 2017. However, even with the ban, some nightclubs continued to sell the product," the report states.

The Ministry cited findings from the Kenya Tobacco Control Alliance (KETCA), which found that while overall compliance with the ban stood at 82 percent among hospitality venues surveyed in Nairobi, shisha smoking and related equipment were still prevalent in some bars and nightclubs.

Health authorities are also concerned about increasing popularity of shisha among young people despite growing evidence linking waterpipe smoking to addiction, cancer, respiratory diseases and cardiovascular illnesses.

According to the report, at least 6.2 percent of Kenyan youth have tried shisha, while its appeal has been boosted by flavoured tobacco products and perceptions that it is safer than cigarette smoking.

The government argues that such perceptions are misleading.

Research cited in the report indicates that a single shisha session can expose users to large quantities of nicotine, carbon monoxide, tar and other harmful chemicals.

The use of shared mouthpieces has also been linked to increased risks of communicable diseases including tuberculosis, hepatitis and COVID-19.

The report further notes that before the 2017 ban, authorities had detected narcotics in some flavoured shisha products.

According to previous analyses referenced in the document seen by the news desk, 79.2 percent of sampled shisha products tested positive for heroin.

Officials say the proposed regulations are intended to close loopholes that have allowed shisha to remain available despite the ban and to align Kenya's tobacco control efforts with international obligations under the World Health Organization Framework Convention on Tobacco Control.

The rules would be enforced jointly by national and county governments, with support from law enforcement agencies, customs officials and health officers.

While the government acknowledges that the regulations could lead to short-term disruption for businesses involved in the shisha trade, it argues that the long-term public health benefits outweigh the economic costs.

"The substantial long-term health and economic benefits significantly outweigh implementation costs and short-term economic disruptions," the report concludes.

If approved, the new regulations will formally revoke the 2017 rules and establish a tougher legal framework aimed at eliminating the importation, sale, promotion and use of waterpipe tobacco products in Kenya.