Shisha ban: What Kenyans risk as new Bill proposes 10-year jail term, Sh5m fine

A night out smoking shisha could soon carry the risk of a 10-year prison sentence and a Sh5 million fine if Parliament approves proposed changes to Kenya's tobacco and alcohol laws.

The proposed penalties are part of a wider crackdown that would not only criminalise the manufacture, sale and promotion of shisha but also tighten controls on chang'aa, increase punishment for smoking in restricted public places and introduce a digital system to track every alcoholic drink entering or leaving the market.

The proposals are contained in the Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung'wah and introduced for first reading on Thursday.

One of the most far-reaching changes targets shisha, a tobacco product commonly smoked through a waterpipe and sometimes mixed with different flavours.

The Bill seeks to amend the Tobacco Control Act by outlawing the manufacture, sale and promotion of the product. It also proposes to make it an offence for anyone to allow, encourage or facilitate shisha smoking or the use of nicotine pouches in Kenya.

Anyone found violating the proposed provisions would face a fine of up to Sh5 million, a prison sentence of up to 10 years, or both upon conviction.

"A person who contravenes subsection 1 or 2 commits an offence and shall upon conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years or both," reads the Bill.

The legislation further states:

"A person shall not allow, promote, facilitate or encourage or do anything to allow, promote, facilitate or encourage the smoking of shisha or the use of nicotine pouches in Kenya, further reads the Bill.

The proposed law defines shisha as any tobacco product, whether flavoured or unflavoured, that may contain molasses, honey, vegetable glycerol or other natural or artificial flavours.

The proposed restrictions come amid health concerns over the substances released when shisha is smoked. According to the National Authority for the Campaign against Alcohol and Drug Abuse (Nacada), the smoke contains dangerous chemicals and poisons, including carbon monoxide and tar.

Exposure to these substances has been linked to mouth and lung cancers, heart disease, respiratory illnesses and other health complications.

If the proposed ban becomes law, Kenya will join Uganda, Tanzania and Rwanda as the fourth country in East Africa to prohibit shisha.

What changes for chang'aa manufacturers?

While the Bill does not seek to stop the production of chang'aa, it proposes new requirements that manufacturers must meet before the drink can be packaged and sold.

Clause 25, which seeks to amend Section 31 of the existing Alcoholic Drinks Control Act, requires chang'aa to be sold in glass bottles fitted with non-refillable caps.

Each bottle must also carry a label containing a unique security feature belonging to the manufacturer. The feature is intended to help establish whether the alcoholic drink is genuine and distinguish it from counterfeit products.

Under the current law, chang'aa and other distilled alcoholic drinks can be manufactured, packaged, sold or distributed in glass bottles, polyethylene terephthalate containers or metallic packaging.

The proposed amendment would therefore introduce more specific packaging conditions for chang'aa, particularly by requiring sealed glass containers and identifiable security labels.

However, the proposals have attracted opposition from the Alcoholic Beverages Association of Kenya (ABAK), which has called for the entire Bill to be withdrawn.

The association warned that implementing the proposed measures in their current form could result in thousands of job losses and place legitimate alcohol manufacturers under additional financial and regulatory pressure.

It also raised concerns that tighter restrictions on licensed businesses could have the opposite effect by pushing consumers towards unsafe illicit alcohol.

ABAK said it supports efforts to eliminate illegal alcoholic drinks but argued that the measures should be proportionate, backed by evidence and developed through consultations with county governments, legitimate businesses, public health stakeholders and other affected groups.

"The proposed Bill will disproportionately increase compliance burdens for legitimate alcohol manufacturers while potentially enabling more illicit alcohol players to thrive" the association said in a statement.

Digital tracking system to target dangerous brews

Another major proposal in the Bill is the introduction of a digital tracking system covering all alcoholic drinks manufactured in Kenya or imported into the country.

The system would require players across the alcohol supply chain to comply with tracking requirements, including manufacturers, importers, exporters, distributors, retailers and suppliers.

The Bill states:

"A manufacturer, importer or exporter, distributor, retailer or supplier of any alcoholic drink shall comply with the requirements of the track and trace system as prescribed in the regulations,, reads the Bill.

The proposed system is intended to help authorities establish the source of alcoholic drinks, including those suspected of causing deaths or other serious harm.

Ichung'wah said the technology would make it possible to identify where a dangerous drink came from and establish when it was produced.

"The digital track and trace system will help us so that when a drink kills people, details such as date of manufacture and the origin can be traced," Mr Ichung'wah said.

The tracking mechanism is expected to give authorities a way of following alcoholic products through the supply chain, making it easier to identify their manufacturers and origins when safety concerns arise.

Smoking in public places to attract Sh100,000 fine

The proposed law also seeks to make existing restrictions on smoking in public places more expensive for offenders.

Under the current Tobacco Control Act, anyone found smoking in a prohibited area faces a fine of Sh50,000 or imprisonment for up to six months, or both.

The Bill proposes to double these penalties, raising the maximum fine to Sh100,000 and the prison term to 12 months, or both.

The restrictions cover a wide range of public and private facilities where people work, seek services, study, worship or travel.

In workplaces, smoking is prohibited in offices, corridors, lounges, eating areas, reception areas, lifts, escalators, foyers, stairwells, toilets and laundries.

Other restricted premises include court buildings, factories, cinema halls, theatres, health institutions, children's homes, places of worship, prisons, police stations and police cells.

The proposed enforcement framework also covers public transport facilities and vessels, including public service vehicles, aircraft, passenger ships, commuter boats, trains and ferries.

Smoking is also prohibited in educational facilities, railway stations, airports, airfields, ports and other public transport terminals.

Markets, shopping malls, retail and wholesale establishments, stadia, sports facilities and recreational centres are also included in the list of restricted areas under the current law.

Cigarette sellers face tougher penalties

Traders who sell cigarettes in packets containing fewer than 10 sticks could also face stiffer punishment if the Bill is passed.

The proposed changes would increase the fine from Sh50,000 to Sh100,000, while the maximum prison sentence would rise from six months to one year.

Section 18(3) of the existing Tobacco Control Act prohibits the sale of cigarettes as individual sticks or in packets containing only one or two cigarettes.

Instead, cigarette packages must contain at least 10 sticks, or another minimum quantity prescribed by law, provided it is not below 10.

The proposed amendment also seeks to extend similar packaging restrictions to other tobacco products covered by the relevant provisions.

The Bill states:

"No person shall sell a tobacco product other than cigarettes that is prescribed for the purposes of this subsection, except in a package that contains at least ten units of the product or such other minimum number or units of the product not being less than ten as may be prescribed," reads the Bill.

Taken together, the proposed amendments would introduce tougher restrictions on tobacco products, change how chang'aa is packaged, increase penalties for smoking in prohibited places and create a system for monitoring alcoholic drinks.

The Bill now awaits consideration by Parliament, where its proposed restrictions and the concerns raised by alcohol industry players will form part of the debate before it can become law.