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Originally published by Capital News
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July 28, 2026
2h ago

Court lifts shisha ban in major blow to government crackdown

Court lifts shisha ban in major blow to government crackdown

Justice Mwamuye ruled the 2017 shisha regulations lapsed after the government failed to regularise them within a court-ordered nine-month period...

✨ Key Highlights

The High Court has lifted the ban on shisha, declaring the government's continued enforcement unlawful and unconstitutional. This ruling comes after the government failed to regularize the Public Health (Control of Shisha Smoking) Rules, 2017 as required by a 2018 court order.

  • The ban was lifted because the 2017 regulations ceased to have legal effect due to the government's non-compliance with a 2018 court order for regularization within nine months.
  • The ruling impacts the Novel Tobacco Products Association, whose constitutional rights were found to have been violated.
  • The decision, delivered on Tuesday, July 28, 2026 by Justice Bahati Mwamuye, restrains the government from enforcing the expired rules and subsequent directives.

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