Anyone found selling or distributing shisha in Kenya could soon pay up to Sh1 million or spend six months in jail, under a new government push to completely wipe out the waterpipe tobacco trade.
The Ministry of Health has proposed strict regulations that would outlaw every stage of the shisha business, from importation and production to sale and even use.
The draft Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026, are intended to replace the 2017 regulations, which authorities say have failed to fully stop the practice.
The Ministry has opened the proposed rules for public input, inviting Kenyans to submit their views before they are finalised and enforced.
Health CS Aden Duale, in the Regulatory Impact Statement accompanying the draft, says tougher measures are necessary because shisha continues to pose a serious danger to public health. He argues that despite previous restrictions, the product remains accessible and harmful to both users and those around them.
“Shisha smoking poses significant health risks to both users and non-us-ers. Research shows that a single shisha session can expose a person to more smoke and harmful chemi-cals than smoking several cigarettes,”
Duale said in the statement.
He also raised concern over how shisha is often shared among users, warning that this increases the risk of disease transmission.
“The use of shared mouthpieces also increases the risk of spreading communicable diseases such as tu-berculosis, hepatitis and Covid-19.”
The Health CS further pointed to global health findings linking waterpipe tobacco use to severe illnesses, including cancer and heart disease.
“The World Health Organization has confirmed that shi-sha smoke contains toxic substances, including nicotine, tar, carbon mon-oxide, heavy metals and carcinogens. These substances contribute to ad-diction, respiratory illnesses, heart disease and cancer.”
According to the Ministry of Health, tobacco-related diseases claim nearly 12,000 lives in Kenya every year, with more than 30 deaths recorded daily. Shisha is listed among the products contributing to these fatalities.
If approved, the new rules will ban importation, manufacture, sale, distribution, advertising, display, supply, and consumption of waterpipe tobacco products across the country.