The Ministry of Health has opened the door for public input on new proposed regulations that would outlaw shisha smoking and other waterpipe tobacco products in Kenya, as the government moves to close regulatory gaps and tighten tobacco control laws.
In a public notice, Health Cabinet Secretary Aden Duale said the Draft Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026, together with a Draft Regulatory Impact Statement, are meant to boost public health protection by banning “the importation, manufacture, supply, distribution, promotion, sale and use of shisha and other waterpipe tobacco products in Kenya.”
The ministry explained that the proposed rules are based on rising health worries linked to shisha use. These include the spread of respiratory infections through shared mouthpieces and hoses, especially in group smoking settings.
It also noted that the damp conditions inside waterpipes can support harmful pathogens, raising the chances of disease transmission in public places and enclosed environments.
The draft rules are an extension of the Public Health (Control of Shisha Smoking) Rules, 2017, which had already prohibited the importation, manufacture, sale, advertisement and distribution of shisha in Kenya.
However, the ministry said new forms of products have since appeared in the market, including herbal and flavoured alternatives as well as modified devices, which have created loopholes the new 2026 regulations aim to seal.
“It is notified for the information of the general public that the Cabinet Secretary for Health has developed the Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026,” the notice states.
The ministry has also prepared a Regulatory Impact Statement as required under the Statutory Instruments Act, saying it is part of ensuring the new rules are backed by evidence and meet legal standards.
Members of the public, organisations and other stakeholders have been invited to submit written comments, views and memoranda on both the draft rules and the impact statement by June 30, 2026, at 5:00 p.m.
Submissions can be delivered to the Office of the Cabinet Secretary for Health in Nairobi or sent through the official email provided in the notice.
To encourage wider participation, the ministry has also lined up public forums across the country between June 18 and June 30. The meetings will be held in Mombasa, Garissa, Uasin Gishu, Meru, Kakamega, Nyahururu, Murang’a, Kisumu, Kericho, Nakuru and Machakos, bringing together stakeholders from grouped counties.
According to the ministry, the forums will help educate the public on the contents of the draft regulations and gather feedback from individuals and organisations that may be affected by the proposed law.
Health officials said the consultation process is meant to ensure the regulations reflect public views and meet constitutional requirements on public participation.
They also urged women, youth, persons with disabilities, older persons and marginalised communities to take part in the process.
If approved, the proposed rules would tighten Kenya’s tobacco control system and reinforce government efforts to reduce health risks linked to shisha and waterpipe smoking.