Nearly a decade after Kenya first outlawed shisha, the government is proposing regulatory overhaul that would raise the cost of non compliance and close the loopholes that have kept the trade quietly alive.
On June 4, 2026, Health Cabinet Secretary Aden Duale invited Kenyans to submit views on the draft Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026. The official public notice stated:
“The Cabinet Secretary for Health has developed the Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026, which seek to prohibit shisha smoking and the importation, manufacture, supply, distribution, promotion, sale and use of shisha and any other waterpipe tobacco product in Kenya.”
Kenya imposed a comprehensive ban on shisha in 2017, covering its manufacture, importation, use, sale, advertising, promotion, distribution and encouraging or facilitating its use, becoming the fourth country in East Africa to implement the prohibition after Uganda, Tanzania and Rwanda. Yet years on, the ban remains more policy than practice.
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 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.
The proposed rules aim to change that. Fines for violations would rise from Sh50,000 under the existing framework to a high of Sh1 million, marking one of the sharpest increases in penalties within Kenya’s tobacco control regime. The government says the move is necessary because the existing ban has not fully achieved its intended objective.
The proposed regulations are also intended to update the country’s existing legal framework following the emergence of new waterpipe related products, including herbal and flavored alternatives, as well as modified smoking devices that were not covered under the Public Health (Control of Shisha Smoking) Rules, 2017.
The Ministry warned that “shisha smoking poses public health risks beyond tobacco harm. The communal sharing of mouthpieces and hoses facilitates the spread of respiratory infections such as tuberculosis.” According to the WHO, shisha smoke contains toxic substances including nicotine, carbon monoxide, heavy metals and cancer-causing chemicals, while smoking sessions often last significantly longer than conventional cigarette use.
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, stating that “the substantial long term health and economic benefits significantly outweigh implementation costs and short term economic disruption.”
The draft rules remain open for public input before final gazettement.
