The Ministry of Health has told the Senate that shisha users continue to operate openly because there is no law to prosecute them, despite an executive ban imposed in 2017.

Health Cabinet Secretary Aden Duale said the government’s efforts to protect Kenyans have been frustrated by the absence of legislation to back enforcement of the shisha ban.

Duale appeared before the Senate Delegated Legislation Committee on Tuesday and explained that although former President Uhuru Kenyatta issued a gazette notice banning the importation, manufacture, sale, and use of shisha, the courts cannot charge offenders because there is no legal framework supporting the ban.

“We arrest people and take them to court, but they cannot be charged because there is no law,” he told senators.

He urged Parliament to urgently enact laws to either ban or regulate shisha, miraa, and muguka, substances that pose similar health risks.

“The Ministry of Health is fully behind the Tobacco Control Bill. We’ve submitted our proposed amendments and are calling on all Senators to support the Bill,” Duale said, emphasizing the need for clear legal provisions.

Duale warned senators of interference from powerful individuals who have tried to weaken tobacco control efforts by pressuring the ministry to allow harmful tobacco products into the country.

He urged all arms of government to unite in protecting public health and ensuring that dangerous substances do not slip through loopholes.

“Since I’m not looking for votes, I will personally lobby for the passage of the Tobacco Control Bill. We cannot allow Kenyans to continue dying from cancers linked to long-term use of harmful tobacco products,” Duale declared.

During the committee meeting, Mombasa Senator Mohammed Faki pressed the Health CS on government action against miraa, muguka, and shisha, highlighting that these substances are as harmful as tobacco products targeted by existing regulations.

Duale responded that the ministry has proposed stronger enforcement and tougher penalties for violations, but the lack of a legal definition for some substances has limited the ministry’s ability to produce graphic health warnings.

He also raised concerns about the growing popularity of shisha, noting that 79.2 percent of shisha samples collected before the ban tested positive for heroin.

The CS described shisha as a cocktail of dangerous drugs including cocaine, heroin, and other hard substances that pose serious health risks such as respiratory infections, heart disease, cancer, and the transmission of infectious diseases through shared pipes.

Duale stressed that shisha use, also known as hookah or hubble bubble, is gaining popularity in entertainment venues despite the ban, making urgent legislative action critical.

He called on Parliament to include clear laws to regulate or outlaw these substances to prevent a growing public health crisis.

Nominated Senator Catherine Mumma, sponsor of the Tobacco Control Amendment Bill, criticized the Tobacco Control Board for its failure to enforce existing rules effectively.

She said passing the bill with strong provisions against shisha and related substances is essential to save lives and improve Kenya’s public health standards.