Several arrested during shisha crackdown in Nairobi

The government has confirmed the arrest of several people in Nairobi following a crackdown against facilities in the city.

In a statement on Monday, April 14, 2025, Health Principal Secretary Mary Muthoni said the crackdown entailed teams from the Ministry of Health and a multi-agency team of law enforcement agencies.

“The Division of Drug and Substance Abuse Control, within the State Department of Public Health and Professional Standards at the Ministry of Health, in collaboration with a multi-agency team of law enforcement agencies, conducted a coordinated crackdown on several illegal shisha outlets in Nairobi this weekend,” Muthoni stated.

“This operation is a critical step in our ongoing efforts to enforce the national shisha ban and safeguard public health. During this weekend’s operation, several offenders were arrested, and multiple shisha delivery systems were impounded. Those taken into custody will be arraigned in court on Monday for violating the law.
We wish to emphasize that this enforcement exercise is just the beginning.”

Muthoni says operations to enforce the shisha ban will continue countrywide until the ban is upheld to the fullest.

“The Ministry of Health remains committed to protecting the health of our citizens and will work tirelessly to eliminate violations of this ban. We urge the public to support these efforts by reporting any illegal shisha outlets to the relevant authorities. Together, we can ensure a healthier future for our youth and all future generations,” she added.

Shisha ban

In February 2025, the Ministry of Health warned Kenyans that the ban on shisha remains in full effect and urged them to comply with the order.

The ministry said the ban prohibits the manufacture, importation, sale and use of the substance across the country according to the Public Health (Control of Shisha Smoking) Rules.

“The Ministry of Health wishes to remind all Kenyans that the ban on shisha remains in full effect. This prohibition, enacted in 2017 under the Public Health (Control of Shisha Smoking) Rules, outlaws the manufacture, importation, sale, and use of Shisha in Kenya,” Muthoni stated.

“Shisha smoking poses serious health risks, including respiratory diseases, heart conditions, and exposure to toxic chemicals. These dangers led to a legal challenge in 2018, but both the High Court (2018) and the Court of Appeal upheld the ban, affirming that public health must take priority over commercial interests.”

Shisha was banned in Kenya in 2017 at a time when the substance was gaining popularity in nightclubs and towns in major urban areas. The outlawing prompted several crackdowns across the country by law enforcers as the government ramped up efforts to curb its usage.

The ruling was however subjected to legal challenges. Justice Roselyn Aburili found that the shisha ban imposed by then Health CS Cleopa Mailu through a gazette notice dated December 28, 2018, was irregular but allowed it to remain in force although seemingly with a loophole.

The ruling further directed that the health cabinet secretaries regularise the ban by following the procedural requirements by forwarding them to parliament for approval, which never took place.

In 2024, Senior Principal Magistrate Joe Mkutu while sitting in a Shanzu Law Courts, ruled that there was no valid or lawful ban on the use, manufacture, sale or offer for sale of shisha in the country.

The ruling led to the release of around 50 persons who had been arrested and charged for selling and smoking shisha in January 2024.

However, the Court of Appeal, in a ruling on December 23, 2024, upheld the ban.