In Kenya, the ban on shisha is only partially respected

The trade and use of water pipes ("shisha") has been banned in Kenya since December 2017, but they are still common in some bars, nightclubs, and homes. In nightspots, these shishas are sometimes used as a medium for the consumption of various illicit drugs.

The law of December 27, 2017, prohibits the importation, manufacture, sale, advertising, promotion, distribution, encouragement, or facilitation of the use, as well as the use, of shisha in Kenya. However, several studies and surveys have shown that this ban is far from being fully enforced.

Availability of hookahs online and in nightclubs

A study, conducted in 2019 and published in 2021, estimated that the ban on shisha was generally fairly well respected, particularly in restaurants, but that some uses still persisted in certain places.[1]. 24 % nightclubs and 20 % bars are reportedly offering hookahs for consumption on site, despite the ban. These violations, however, have mostly been observed in large cities, with the phenomenon appearing to be more sparing in the provinces and more remote regions.

A recent journalistic investigation reveals that the availability of shisha sales has remained in these types of establishments, and that it is possible to equip oneself with the equipment to set up a place of consumption.[2]. This investigation also indicates that in nightclubs, hookah smoking can – at the request of customers, whether or not they have the substance – be mixed with other illicit drugs, whether cannabis, cocaine, or heroin. The pipe water is sometimes replaced by whiskey or other liquids. These uses are not fundamentally new, since they were part of the initial motives for the 2017 law, and would only affect known customers of the establishment, but their persistence seems to indicate that they are far from having disappeared.

Hookah consumption at home is driven by online sales, particularly through social media platforms like Facebook and Instagram. Online sales can also be made through foreign websites, but the fact that the package contains a hookah does not trigger interception by customs. The lockdown linked to the COVID-19 pandemic, which led to the temporary closure of bars and nightclubs, has also encouraged the growth of private parties and home consumption.

Associations demand an evaluation of the ban

As a result, health associations called for a comprehensive assessment of the hookah ban in late 2021 to clearly identify the obstacles to enforcement. Indeed, it appears that corruption among police officers responsible for enforcement, as well as political support from bar and nightclub operators, are contributing to preventing full compliance with the law. Anthony Muthemba, head of the Nairobi Tobacco Control Unit, himself stated that "Shisha consumption has been renormalized and the main challenge we face is that establishments that sell shisha use their political contacts to evade enforcement of the law."[3].

Hookahs aren't the only violations to have been identified. The sale of e-cigarettes and e-liquids also appears to be continuing despite the ban. More recently, an alert was also issued regarding the high prevalence of "pouches."[4] nicotine, which are also banned. The Vélo and Lyft brands, produced by British American Tobacco (BAT), were identified as the types of pouches offered for sale during a field study conducted by the Kenya Tobacco Control Alliance (KETCA).[5].

Harmful to more than cigarettes

In an advisory note[6], the World Health Organization (WHO) had pointed out that hookah smoking can lead to all the complications identified for tobacco use, due to very high levels of carbon monoxide and numerous toxic particles: risks of cancer, cardiovascular and respiratory diseases, harmfulness of second-hand smoke, risk of strong addiction. Smoking a hookah for an hour would be equivalent to smoking a hundred cigarettes (five packs). While a cigarette allows you to absorb about half a liter of smoke, a single puff of hookah leads to swallowing between a sixth of a liter and a liter of smoke. Sharing hookah in social settings can also cause the transmission of infectious diseases that are still very present in Kenya, such as tuberculosis, viral hepatitis, or other more common ones, such as herpes.

Keywords: Kenya, hookah, pouches, nightclubs, online sales, water pipe

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[1] Fukuda S, Nyambura S, Gitali J, Lindi T, Otieno S, Beem A, Camara Bityeki B, Carmona M, Sebrie EM, Monitoring compliance with Kenya's shisha ban in select public hospitality venues in Nairobi, Tob Control 2021;0:1–3. doi:10.1136/tobaccocontrol-2021-056725

[2] Wako A, Revealed: The shisha ban that never was, The Nation, published July 27, 2022, accessed August 3, 2022.

[3] Saya M, Why Shisha is being sold despite ban, the Star, published December 4, 2021, accessed August 3, 2022.

[4] Synthetic nicotine pouches placed between the gum and the lip, similar to Swedish snus (which contain tobacco).

[5] Mutai E, Dealers make tidy profits selling nicotine pouches despite ban, Business Daily, published August 1, 2022, accessed August 3, 2022.

[6] Waterpipe tobacco smoking: health effects, research needs and recommended actions for regulators, 2nd edition, WHO Study Group on Tobacco Product regulation, 2015, 66 p.