Nairobi — Shisha sellers, importers and distributors could face fines of up to Sh1 million under a new Ministry of Health proposal aimed at tightening controls on waterpipe tobacco products.

The proposed Public Health (Control of Waterpipe Tobacco Products) Rules, 2026 seek to prohibit the importation, manufacture, supply, sale, advertisement, promotion, display and use of shisha in Kenya.

The rules would also prohibit claims suggesting shisha is less harmful than other tobacco products and introduce penalties for promoting it through misleading health-related messaging.

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According to the draft regulations, enforcement would be carried out jointly by national and county governments through public health authorities and officers under the Public Health Act.

Traders push back

Business groups have already opposed parts of the wider tobacco-control proposals.

Through the Bar, Hotels and Liquor Traders Association of Kenya, traders argued that some provisions could hurt small businesses and encourage illicit trade.

They are demanding nationwide public participation before the legislation proceeds, saying those likely to be affected have not been adequately consulted.

What happens next?

The draft rules and related tobacco-control proposals must go through parliamentary review and public participation before any new penalties can become law.

If approved, the rules would significantly strengthen Kenya's restrictions on shisha, which has previously been the subject of public-health campaigns over its health risks.