MEMORANDUM ON THE PUBLIC HEALTH (PROHIBITION OF SHISHA SMOKING AND WATERPIPE TOBACCO PRODUCTS) RULES, 2026
SUBMITTED TO:
THE OFFICE OF THE CABINET SECRETARY FOR HEALTH
MINISTRY OF HEALTH
P.O. BOX 30016 - 00100
NAIROBI

DATE: 29 JUNE 2026
SUBMITTED BY:
DEN OF HOPE YOUTH GROUP
1. INTRODUCTION
Den of Hope Youth Group is a youth-led community-based organization founded in 2005 in Eastleigh Airbase, Kamukunji Sub-County, Nairobi. The organization works to advance youth empowerment, public health, tobacco and substance use prevention, peace building, civic engagement, and community well-being.

Den of Hope Youth Group has been actively involved in tobacco control advocacy, public education, community mobilization, and youth-centred health promotion, with a particular focus on protecting young people from tobacco, nicotine, substance use, and other preventable public health harms.

We commend the Ministry of Health for developing the Public Health (Prohibition of Shisha Smoking and Water pipe Tobacco Products) Rules, 2026. Shisha use has increasingly been normalized in urban and entertainment spaces, especially among young people, including university students and young women. NACADA's 2023 study across 17 universities found that 4.6% of university students smoked shisha, and shisha smoking is associated with cancers, cardiovascular disease, chronic obstructive pulmonary disease, low birth weight, stroke, infertility, and impaired mental health.

As a youth organization working in community public health and tobacco control, Den of Hope Youth Group strongly supports the proposed prohibition of shisha smoking and waterpipe tobacco products in Kenya. We further submit the following comments to strengthen the Rules, enhance enforcement, and protect young people and communities from the health, social, economic, and security harms associated with shisha use.


2. SPECIFIC COMMENTS
S/No. Paragraph Issue of Concern Justification Recommendations
1. Rule 2 - Interpretation Narrow definition of "waterpipe tobacco product." The current definition may leave loopholes for products marketed as herbal, non-tobacco, nicotine-free, fruit-based, sugarcane-based, gel-based, or flavoured alternatives. These products may still expose users to harmful emissions when heated or burned, especially through charcoal. Young people are also likely to be misled by the perception that "herbal" or "flavoured" shisha is safer. Amend the definition of "waterpipe tobacco product" in Rule 2 to include tobacco, nicotine, herbal preparations, gel formulations, flavoured or unflavoured substances, and any similar product consumed using a waterpipe delivery system.

2. Rule 2 - Interpretation Absence of definitions for "waterpipe apparatus" and "accessories." A comprehensive ban must cover not only the shisha substance but also the devices, equipment, and accessories that enable its use. Without clear definitions, enforcement officers may face challenges seizing or regulating shisha bongs, bowls, hoses, mouthpieces, charcoal, foils, filters, and related accessories. Insert definitions for "waterpipe apparatus" and "waterpipe accessories" to include any device, instrument, equipment, component, or accessory designed, adapted, marketed, or used for shisha or waterpipe smoking.

3. Rule 5(1)(b) The use of the word "knowingly" may create an enforcement loophole. Requiring proof that a premises owner or manager "knowingly" allowed shisha use creates a high legal threshold. In busy bars, nightclubs, lounges, and entertainment spots, this may delay enforcement and allow proprietors to deny knowledge even where shisha use is occurring on their premises. Remove the word "knowingly" and create a strict and objective responsibility for owners, managers, or persons in control of premises where shisha smoking or waterpipe tobacco product use occurs.

4. Rule 5(1)(c) Need for stronger operational enforcement in nightlife and entertainment venues. Shisha use is often hidden or conducted clandestinely in bars, clubs, lounges, and other entertainment spaces, especially during night hours. Enforcement may therefore be difficult if officers are not clearly empowered to conduct inspections during the times and places where shisha use is most likely to occur. Grant authorized officers and relevant local authorities explicit powers to conduct unannounced inspections, including night inspections, in hospitality and entertainment establishments where shisha use, sale, promotion, or distribution may occur.

5. Rule 5(1)(d) - Information dissemination Deceptive labelling and misleading claims on accessories are not explicitly banned. Shisha and related accessories may be marketed using misleading terms such as "chemical-free," "organic," "natural," "low tar," "filtered," or other claims that create a false impression of safety. Such claims are particularly harmful to young people who may perceive shisha as less dangerous than cigarettes or other tobacco products. Amend Rule 5(1)(d) to prohibit the publication, dissemination, packaging, labelling, branding, or promotion of any waterpipe product, apparatus, or accessory using information, images, terms, or claims that create an erroneous impression of safety or reduced harm.

6. Rule 6 - Enforcement Fragmented enforcement framework. Effective implementation will require coordination across national and county health authorities, law enforcement, tax authorities, border control agencies, and substance use prevention agencies. Shisha use may also be linked to illicit trade and hidden markets, requiring a multi-agency approach. Amend Rule 6 to provide that the Rules shall be enforced by national and county health authorities in coordination with the National Police Service, Kenya Revenue Authority, NACADA, county governments, and any other relevant enforcement agencies.

7. Rule 6 - Enforcement and compliance Need for youth-centred and community-based enforcement support. Young people are among the groups most targeted by shisha marketing and social normalisation. Community-based organisations can help identify emerging trends, support public education, and create awareness among young people and local communities. Include structured public education and community engagement as part of implementation, with special focus on youth, women, university students, entertainment spaces, and informal settlements.

8. Regulatory Impact Statement-The public health and economic benefits of prohibiting shisha outweigh short-term commercial losses. Tobacco use costs Kenya between KES 73.5 billion and KES 102 billion annually, and shisha consumption contributes to this burden. The health, enforcement, productivity, and social costs of shisha use outweigh any short-term economic interests of traders or hospitality operators. Retain the prohibition and strengthen implementation, enforcement, public education, and monitoring to ensure the Rules deliver long-term health and economic benefits to the country.

9. General implementation Need to guard against tobacco industry interference and front-group influence. The tobacco and nicotine industry, including its allies and front groups, may attempt to weaken or delay the Rules by presenting shisha as a harmless lifestyle product, a harm-reduction product, or an economic freedom issue. This undermines public health and youth protection. The Ministry of Health and Government should remain firm in prioritising public health, youth protection, and Kenya's tobacco control obligations, and should reject industry interference in the development, adoption, and enforcement of these Rules.

10. General implementation Need to align the Rules with broader tobacco control reforms. The proposed Rules are important, but Kenya also needs a stronger and comprehensive tobacco control framework to address emerging nicotine products, digital marketing, youth targeting, and enforcement gaps. Fast-track the conclusion and passage of the Tobacco Control (Amendment) Bill, 2024, to strengthen Kenya's overall tobacco control regulatory framework.

3. CONCLUSION
Den of Hope Youth Group supports the adoption of the Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026.
We urge the Ministry of Health to strengthen the Rules by closing definitional loopholes, expanding enforcement powers, prohibiting misleading labelling, enhancing multi-agency coordination, and investing in youth-centred public education.
Shisha use is not only a lifestyle issue. It is a public health, youth protection, economic, enforcement, and community wellbeing issue. The Government of Kenya must act firmly to protect young people and future generations from the harms of shisha smoking and waterpipe tobacco products.

SIGNED BY:
Name: _David Odhiambo______________________________________________________________
Designation: __Executive Director________________________________________________________
For and on behalf of: DEN OF HOPE YOUTH GROUP
Signature: ____D.O_______________________________________________________
Date: ___29/06/2026_____________________________________________________________