Slay queens in Nairobi are angry with High court judge Roselyn Aburili for refusing to lift the ban on Shisha.
In Thursday’s ruling, Justice Roselyn Aburili said the prohibition is in public interest says and that lives of Kenyans are more important than losses that businessmen stand to incur.
15 applicants led by Kennedy Amdany Langat, Maurice Obunga, Stephen Irungu, Vivian Shikweya and Henry Gitau had moved to court to challenge the ban on the importation, promotion and the use of Shisha in the country.
However the judge cited lack of public involvement when the Government imposed the ban. The ban was imposed last year by the then Health Cabinet Secretary Dr. Cleopa Mailu who said he exercised his powers under Section 36(m) of the Public Health to ban importation, sale, advertisement, promotion, and distribution of shisha in Kenya.
“The ban on shisha though irregular shall remain in force as this court cannot gamble with the health and future of generations of Kenyans,” she declared. “I decline to invalidate the rules but it is the duty of the State to take protective measures without having to wait until negative effects manifest,” she stated.
The businessmen claimed that the CS did not consult them or involve the public before reaching the decision. According to them, the notice by the CS was erroneous and it contravened the constitution. The applicants also maintained that the ban is discriminative. However the then Health Cabinet Secretary Dr. Cleopa Mailu argued that consumption of the product in Kenya has been found to be a gateway to the use of hard drugs such as heroin.
And the high court’s move has been lauded by The Kenya Tobacco Control Alliance (Ketca). In a statement on Thursday, it said the Judiciary is a responsible and dependable institution that is championing the welfare of Kenyans.
Chairperson Joel Gitali urged county governments to ensure all health policies including the ban of Shisha and Tobacco Control Act are implemented with speed. He said County Departments of Public Health are not doing much to enforce the policies.
“The crackdown on counterfeits and contraband must be escalated. The county Health executives should not be asleep,” he said.
Gitali said the alliance will go to court to have violators of tobacco control policies punished.
High Court judge Roselyn Aburili on Wednesday said the lives of Kenyans are more important than the losses incurred by businessmen who deal in shisha. She declined to lift the ban on shisha.
However, Aburili faulted former Health CS Cleopa Mailu for flouting the procedural rules when he issued the notice and directed parties involved to comply with the rules in the next nine months.
Shisha, had become health menace on Kenyan youth, who viewed it as a class act. Most slay queens posted pictures of themselves on social media smoking the deadly fumes and thinking that it made them look cool.
But it is a blow to all the socialites, as anyone found selling the pots will be slapped with a heavy fine.