Health Advocates Push for Stronger Tobacco Laws as Debate Over Shisha Ban Reignites

Kenya's renewed debate over the future of the shisha ban has exposed deeper concerns among public health advocates, who say stronger legislation—not administrative directives—is the only way to safeguard the country's tobacco control gains.

Leading voices in the tobacco control movement have urged the Ministry of Health to move swiftly to entrench the ban in law, warning that legal loopholes have left one of Kenya's most celebrated public health interventions vulnerable to challenge.

Among those weighing in is Nancy Gachoka, a prominent Kenyan public health advocate and former Chairperson of the Tobacco Control Board (TCB), where she served from April 2020 to 31 May 2022. Gachoka, who has been involved in tobacco control advocacy for many years, said Kenya needs stronger legislation to safeguard tobacco control gains, arguing that public health measures such as the shisha ban should be firmly anchored in law rather than relying solely on administrative directives.

The debate follows renewed scrutiny of the Ministry of Health's handling of the shisha ban after a court directed the government to regularize the legal framework underpinning the prohibition.

Public health stakeholders argue that while Kenya has successfully defended several tobacco control measures in court—including litigation surrounding the Tobacco Control Regulations—the Ministry failed to act on the court's directions to strengthen the legal basis of the shisha ban.

According to tobacco control advocates, the Ministry had ample time to address the legal deficiencies identified by the courts but did not complete the necessary legislative process. They contend that the current situation demonstrates the risks of relying on administrative pronouncements instead of comprehensive legislation enacted by Parliament.

The stakeholders also point to Kenya's history of defending tobacco control measures against legal challenges from the tobacco industry, noting that the Ministry of Health and the Kenya Tobacco Control Alliance (KETCA) successfully defended the Tobacco Control Regulations through the country's judicial system, including at the Supreme Court.

Gachoka and other public health advocates have renewed calls for Parliament to prioritize the Tobacco Control (Amendment) Bill, 2024. They argue that the proposed law should explicitly prohibit shisha and strengthen Kenya's tobacco control framework to reduce the likelihood of future legal challenges.

The advocates further say the country requires a well-coordinated tobacco control programme within the Ministry of Health to ensure consistent implementation of public health policies and compliance with court directives.

The renewed discussion has also revived memories of Kenya's 2017 decision to ban shisha under the then Health Cabinet Secretary Dr. Cleopa Mailu. Public health campaigners regard the ban as a landmark intervention aimed at protecting young people and reducing tobacco-related harm.

As Parliament considers the Tobacco Control (Amendment) Bill, 2024, public health advocates say the legislation presents an opportunity to close existing legal gaps and reinforce Kenya's position as a regional leader in tobacco control. They maintain that durable public health protections can only be achieved through robust legislation, effective implementation and sustained political commitment.