Joel Gitali, National Coordinator, Kenya Tobacco Control and Health Promotion Alliance
By: John Kariuki
Stakeholders have vehemently opposed the lift on the ban of shisha terming it as a reversal of the gains made in the fight against drug and psychotropic substances abuse.
In light of this, Joel Gitali the National Coordinator of the Kenya Tobacco and Health Control Alliance had this to say:
βIt’s true that the ban was pronounced and left hanging. I think the CS met internal resistance from within the Cabinet and government in general. That’s why he was quickly removed and made an ambassador. Nobody could then touch the matter. There was a ban without consequences of violation. It was banned, and you have violated the ban, what does the law say be done to me? Nothing. This was very deliberate. The Judge was so cooperative. She had been with us even on the issue of Tobacco Control Regulations. We simply failed to do as directed inspite of having the AG, legal officers for MoH, an advisory Tobacco Control Board, and a Tobacco Control Division. All the above could not have just not seen the gap. They just could not do anything if they were to survive.β
The Shanzu Law Courts in Mombasa had earlier on declared the ban on the importation, sale, and use of shisha as unconstitutional.
According to court documents, Senior Principal Magistrate Joe Mkutu explained that the government failed to regularize the Public Health (Control of Shisha Smoking) Rules.
The magistrate referenced a 2018 High Court ruling by Justice Roselyn Aburili which directed former Health Cabinet Secretary Cleopa Mailu to regularize the rules by forwarding them to Parliament for approval.