High Court Ends Long-Standing Shisha Ban
The High Court has delivered a significant ruling that lifts the prohibition on shisha smoking, declaring that any continued enforcement of the ban stands as both unlawful and unconstitutional.
Justice Bahati Mwamuye determined that the Public Health rules introduced in 2017 to control shisha use had already lost their legal force after the government failed to properly regularise them within the nine-month window previously allowed by the court in 2018.
With those regulations no longer valid, the judge made clear that officials could not continue relying on them to justify raids or restrictions. He specifically struck down a February 2025 press statement and an April 2025 directive that had announced a fresh crackdown on shisha outlets, finding both measures without proper legal foundation.
The court further held that persisting with the ban under the expired framework violated the constitutional rights of the petitioners involved in the case. As a result, the government has been barred from applying the outdated rules or any related directives against members of the Novel Tobacco Products Association, offering immediate relief to businesses and consumers affected by the earlier restrictions.
This decision brings to a close years of uncertainty surrounding the legal status of shisha in the country, where earlier attempts to regulate the practice had created confusion among operators and enforcement agencies alike. By emphasising the need for proper legislative renewal, the judgment underscores the importance of following due process when public health measures intersect with individual and commercial freedoms.
As the ruling takes effect, attention now turns to how authorities will respond and whether new, properly enacted regulations will eventually be introduced to address health concerns while respecting the constitutional boundaries set by the court.
