Health Cabinet Secretary Cleopa Mailu has now gazetted the ban on shisha smoking in the country. In a special issue of the Kenya Gazette dated December 27, 2017, Mailu says no person shall import, sell, offer for sale, use, advertise, promote or distribute shisha in Kenya.
Those who violate the ban would be liable to a penalty as provided for under Section 163 of the Public Health Act.
The Act provides for as follows:
163. Powers of entry and inspection of premises and penalties for obstruction
(1) Any medical officer of health or health inspector, district surgeon or port health officer, or any police officer of or above the rank of Inspector, or any other person generally or specially authorized in writing by the Director of Medical Services, medical officer of health or municipal council, may, at any hour reasonable for the proper performance of the duty, enter any land or premises to make any inspection or to perform any work or to do anything which is required or authorized by this Act or any other law to do, if such inspection, work or thing is necessary for or incidental to the performance of his duties or the exercise of his powers.
(2) Any person who fails to give or refuses access to any officer, inspector or person mentioned in or authorized under subsection (1) if he requests entrance on any land or premises, or obstructs or hinders him in the execution of his duties under this Act, or who fails or refuses to give information that he may lawfully be required to give to such officer, inspector or person, or who gives to such officer, inspector or person false or misleading information knowing it to be false or misleading, or who prevents the owner or any of his servants or workmen from entering any land or dwelling or premises for the purpose of complying with any requirement under this Act, shall be guilty of an offence.
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Though the section does not specify penalties for those found guilty, section 164 provides that “any person who is guilty of an offence under or of any contravention of or default in complying with any provision of, this Act shall, if no penalty is expressly provided for such offence, contravention or default, be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding six months, or to both and, if the offence, contravention or default is of a continuing nature, to a further fine not exceeding one thousand shillings for each day it continues.”
Here is the Kenya Gazette notice issued by the CS:
Earlier, the CS had told The Star that consultations were ongoing before a final decision is taken, saying an unsigned legal notice circulating on social media was premature.
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