Kenya: Government Targets Herbal and Flavored Shisha in Expanded Tobacco Crackdown

NAIROBI, Kenya, June 5-The Ministry of Health has initiated a fresh push to tighten Kenya's tobacco control framework with proposed rules that would completely ban shisha smoking and all waterpipe tobacco products, citing emerging public health risks and new product variations that have outpaced existing regulations.

In a public notice, the Ministry says the draft Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026 will extend restrictions beyond the 2017 legal framework, which already outlawed the importation, manufacture, sale, advertising and distribution of shisha in the country.

Officials argue that despite the earlier ban, new variants such as herbal and flavored waterpipe products have entered the market, prompting a regulatory update aimed at closing loopholes in enforcement and product classification.

"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 which seek to prohibit shisha smoking and the importation, manufacture, supply, distribution, promotion, sale and use of shisha and any other waterpipe tobacco product in Kenya."

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"Shisha smoking poses public health risks beyond tobacco harm. The communal sharing of mouthpieces and hoses facilitates the spread of respiratory infections such as tuberculosis."

The Ministry also links shisha use to increased risks of infectious diseases, particularly in shared and enclosed environments.

The proposed rules, developed under the Public Health Act (Cap. 242), also come with a Regulatory Impact Statement as required under the Statutory Instruments Act, and will undergo public participation through written submissions and nationwide consultative forums.

The Ministry has invited individuals, organizations and stakeholders to submit comments ahead of a June 30, 2026 deadline, with public hearings scheduled across clustered counties including Nairobi, Mombasa, Kisumu, Nakuru, Garissa and Meru, among others.