Sh1m Fine Looms for Shisha Traders as Health Ministry Tables Tough New Rules

Kenya's Ministry of Health has put the shisha industry on notice, tabling draft regulations that would make selling, importing, or distributing waterpipe tobacco products an offence attracting fines of up to one million shillings. The proposed Public Health (Control of Waterpipe Tobacco Products) Rules, 2026 mark one of the most aggressive moves by the government to curtail a trade that has flourished in bars, lounges, and entertainment spots across the country.

Under the draft rules, the importation, manufacture, supply, sale, advertisement, promotion, display, and even personal use of shisha would be flatly prohibited. The regulations leave very little room for the industry to operate, targeting every stage of the supply chain from the factory floor to the customer's table.

The Ministry is also going after misleading marketing. Under the proposed framework, anyone making claims that waterpipe tobacco is less harmful than other tobacco products would fall foul of the law. Health-related promotions designed to downplay the risks of shisha use would similarly be restricted, addressing what regulators see as a long-standing problem of consumers being misled about the dangers of the product.

Enforcement of the rules, if passed, would be a joint responsibility shared between national and county governments, with public health authorities taking the lead on the ground. The involvement of county-level agencies is seen as key to reaching the urban hotspots and smaller towns where shisha consumption has taken hold.

Business associations are not sitting quietly. The Bar, Hotels and Liquor Traders Association of Kenya has come out strongly against the proposals, warning that the clampdown could push traders underground and fuel an illegal shisha market that would be far harder to regulate. The association contends that small enterprises dependent on shisha revenue would bear the heaviest burden, and is calling for meaningful public consultation before the bill moves any further.

Traders' groups are also raising procedural concerns, arguing that the stakeholders most directly affected by the regulations have not been given adequate opportunity to participate in their drafting. They are demanding that the government broaden the consultation process before the rules are subjected to parliamentary review.

The draft regulations must still clear both public participation and parliamentary scrutiny before they can take effect. If enacted, Kenya's existing restrictions on shisha — already among the stricter frameworks in the region — would be significantly expanded, reshaping the landscape for an industry that has long operated in a regulatory grey area.