The Ministry of Health invites all Kenyans to share their thoughts on new regulations aimed at enhancing the country’s shisha and waterpipe tobacco ban, driven by rising public health concerns and new smoking alternatives.
In a notice from Health Cabinet Secretary Aden Duale, the ministry announced the upcoming Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026.
These rules aim to prohibit shisha smoking and the importation, manufacture, supply, distribution, promotion, sale, and use of shisha and other waterpipe tobacco products in Kenya.
The proposed regulations will update the legal framework to address new waterpipe-related products, including herbal and flavored options, along with modified smoking devices not covered by the 2017 regulations.
The ministry highlights that shisha smoking presents significant public health risks beyond typical tobacco dangers. Sharing mouthpieces and hoses can spread respiratory diseases, while the moist environment in waterpipes may harbor harmful pathogens, increasing infection risks in public spaces.
The notice states, “The Cabinet Secretary for Health has developed the Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026, to prohibit shisha smoking and all related activities in Kenya.”
These draft regulations stem from Section 36(m) of the Public Health Act, allowing the Cabinet Secretary to create rules to control infectious diseases.
Along with the rules, the ministry has prepared a draft Regulatory Impact Statement, as required by the Statutory Instruments Act, which mandates public feedback before regulations are finalized.
To engage the public, stakeholders and organizations can submit comments and views on the draft rules and the Regulatory Impact Statement. Send your feedback to the Office of the Cabinet Secretary for Health at Afya House in Nairobi, or email shisharules@health.go.ke by June 30, 2026, at 5 p.m.
The ministry will also host public forums nationwide from June 18 to June 30, allowing stakeholders to discuss the proposed regulations and provide oral submissions.
Consultation meetings will occur in Mombasa, Garissa, Uasin Gishu, Meru, Kakamega, Nanyuki, Murang’a, Kisumu, Nakuru, and Machakos, running from 9 a.m. to noon.
“We encourage everyone—women, seniors, persons with disabilities, youth, and marginalized communities—to actively participate in this process so that the proposed rules reflect our society’s needs,” the ministry stated.
If approved, these regulations will enhance Kenya’s shisha ban and equip authorities with a robust legal framework to tackle evolving waterpipe tobacco products.
