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Nairobi, Kenya: The ban on shisha is still on. This is after high court declined to lift the ban imposed by Health Cabinet Secretary Cleopa Mailu.
High court judge Roselyn Aburili directed that the matter be heard fully before a final verdict is issued.
“I find and hold that a lesser risk in this matter at this stage is to decline a stay sought and instead allow the matter to proceed to full hearing and determination of the substantive motion and ensure that it is fast-tracked,” ruled Aburili.
Aburili said that where there are losses to the shisha business or employment the loss can be quantified and subjected scrutiny so that compensation can be made by way of damages in legal proceedings.
The court also noted that it is important to give each side an opportunity to argue their case adding that she is not persuaded that if a stay order is denied at this stage will render the main application nugatory.
The case will be mentioned next Monday.
In the case 15 applicants led by Kennedy Amdany Langat, Maurice Obunga, Stephen Irungu, Vivian Shikweya and Henry Gitau moved to court to challenge the ban on the importation, promotion and the use of Shisha in Kenya.
The businessmen claim that the CS did not consult them or involve the public before reaching the decision. According to them, the notice by the CS is erroneous and it contravenes the constitution. The applicants also say it is discriminative.
However Health Cabinet Secretary Dr. Cleopa Mailu has however asked the court to dismiss the case claiming that consumption of the product in Kenya has been found to be a gateway to the use of hard drugs such as heroin.
In his responses filed in court, Mailu says that he exercised his powers under Section 36(m) of the Public Health to ban importation, sale, advertisement, promotion, and distribution of shisha in Kenya.
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