The high court has upheld the decision by former health CS Cleopa Mailu to ban shisha.
High Court rejected an application on by businessmen led by Kennedy Amdany Langat, Maurice Obunga, Stephen Irungu, Vivian Shikweya and Henry Gitau to have it reversed
Judge Roselyn Aburili said people’s lives mattered more than business losses hence the ban will remain in force.
Former Health CS Cleopa Mailu banned selling and smoking of shisha on 28th December 2017.
However, Aburili noted that Mailu did not follow the constitution when he issued the legal notice banning the smoking of shisha.
The court also noted that the former CS failed to involve the public and stakeholders in the Shisha business.
Kenya became the third country after Tanzania and Rwanda in the region to ban the product.
While issuing the ban, former CS Mailu said: “those found guilty of contravening the shisha smoking rules will be liable to a fine not exceeding sh50,000 or an imprisonment term not exceeding six months, or both.”