The Ministry of Health has invited Kenyans to submit their views on proposed regulations aimed at strengthening the country's ban on shisha and other waterpipe tobacco products, citing growing public health concerns and the emergence of new smoking alternatives.
In a public notice issued by Health Cabinet Secretary Aden Duale, the ministry announced the development of the Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026.
The rules seek to prohibit shisha smoking and the importation, manufacture, supply, distribution, promotion, sale and use of shisha and any other waterpipe tobacco products in Kenya.
The proposed regulations are intended to update the country's existing legal framework following the emergence of new waterpipe-related products, including herbal and flavoured alternatives, as well as modified smoking devices that were not covered under the Public Health (Control of Shisha Smoking) Rules, 2017.
According to the ministry, shisha smoking poses serious public health risks beyond the harmful effects associated with tobacco use.
The sharing of mouthpieces and hoses among users can facilitate the spread of respiratory diseases such as tuberculosis, while the moist environment within waterpipes may harbour pathogens that increase the risk of infections in public and enclosed spaces.
"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," the notice stated.
The ministry said the draft regulations have been prepared under Section 36(m) of the Public Health Act, which empowers the Cabinet Secretary to make rules aimed at preventing, controlling or suppressing infectious diseases.
Alongside the proposed rules, the ministry has also prepared a draft Regulatory Impact Statement as required under the Statutory Instruments Act.
The law requires government agencies to assess the likely effects of proposed regulations and conduct public participation before they are adopted.
To facilitate this process, members of the public, stakeholders and organizations have been invited to submit comments, views and written memoranda on both the draft rules and the Regulatory Impact Statement.
Submissions can be sent to the Office of the Cabinet Secretary for Health, delivered at Afya House in Nairobi, or emailed to [email protected] by June 30, 2026, at 5 p.m.
The ministry has also scheduled a series of public participation forums across the country between June 18 and June 30.
The meetings will bring together stakeholders from different regions to discuss the proposed regulations, receive oral submissions and ensure that those likely to be affected by the rules have an opportunity to contribute to the process.
Among the regions set to host the consultations are Mombasa, Garissa, Uasin Gishu, Meru, Kakamega, Nanyuki, Murang'a, Kisumu, Nakuru and Machakos, with meetings expected to run from 9 a.m. to noon.
"We call upon all persons, including women, older members of society, persons with disabilities, youth and members of minority and marginalised communities, to actively participate in this public participation process to ensure the proposed Rules accurately reflect the needs and expectations of society," the ministry said.
If adopted, the new regulations will expand the scope of Kenya's existing shisha ban and provide authorities with a stronger legal framework to address evolving waterpipe tobacco products entering the market.
