Shisha smuggling blamed on continued use

Smuggling has been blamed for the continued use of banned shisha especially in entertainment spots.

This revelation was made during a stormy stakeholders meeting called by the Tobacco Control Board in Nairobi to regularise the ban as ordered by the high court.

Dr Kepha Ombacho, the director of public health in Ministry of Health said that the government has not licensed any importer or outlets to trade in shisha, confirming fears that the banned tobacco product is finding its way into the country illegally.

“I can confirm to you that nobody has been licensed to import or sell shisha in Kenya and so those who are doing so are engaging in illegal business contrary to the law,” asserted Ombacho.

Stakeholders comprising government agencies, anti-tobacco advocates, shisha users and sellers, heard that sale and use of shisha is still rampant. the big question that remained unanswered was why the authorities why not cracking down on these importers.

A statement read on behalf of the Kamukunji deputy county commissioner named nine areas where trade in shisha is still rampant including Jino Moja behind California Police Post; Section 3; Shamahan, Lamushikil, Beirut Club, Gikondi Bar on 9th Street, Manyatta Bar on 10th Street and Casino.

The statement read, “Nonetheless, the war against shisha smoking is far from over. I urge all of us to join hands and step up the fight against this illegal activity.”

Some stakeholders however questioned the seriousness of authorities by naming a popular club in Pangani which has a shisha lounge despite its proximity to Pangani Police Station.

The club called Luna Park is alleged to be operating a shisha den with officers from the station looking the other way, refusing to act.

Supporters of shisha use however called the government not to be selective in applying the law arguing that the government was allowing cigarette us then it had to allow the use of shisha too.

“If the government is to ban any form of smoke then it has to outlaw cigarettes, use of petrol gas along the use of shisha because all of them have negative health impact,” said one of the stakeholders.

Anti-tobacco crusaders however lauded the move stating that it is important in public health.

Joel Gitali, the chair of the Kenya Tobacco Control Alliance (KETCA) said this was a move in the right direction if the government seeks to have the ban of shisha successful.

“When the judge made the ruling, she observed that it was in public interest and observed that due process needs to be adhered to effect the ban fully,” said Gitali.

He lauded the ministry’s efforts to regularize and enforce the ban on shisha even as he warned that there is a continued use of shisha in social places despite the ban.

In 2017, the cabinet secretary for health banned importation, sale, advertisement, promotion, and distribution of shisha in Kenya under the Section 36 of the Public Health Act.

One of the issues that the government was asked to do to enforce the court order is to carry out public participation on shisha. Justice Roselyn Aburili stated that there was lack of public engagement before the ban was imposed by the government.

Gitali added, “This is also one way in which the public can participate and get to know more about the ban.”

The World Health Organisation (WHO) warns that in Kenya about 31,000 people die from tobacco-related complications every year.

Kenya is yet to ratify the protocol on ending illicit tobacco trade despite having signed it and Gitali says this is negatively hampering on the war against tobacco as illicit tobacco finds its way into the market. 

Dr Anthony Muthemba, the county head of tobacco control unit said that his officers will continue conducting raids in line with the government position on the ban. In 2018, a total of 265 shisha pumps were confiscated in Kamukunji Sub County alone resulting into 65 arrests.

The meeting comes after two others in Mombasa and Kisumu last week.