Kenya Moves to Impose 10-Year Jail Term and KSh 5 Million Fine for Shisha Offences as MPs Consider New Bill

By Mwalimu Anthony K. Koech | Digital Times Cloud News
November 7, 2026

Kenya Shisha Ban 2026: Proposed Penalties and Parliamentary Debate

Kenya could introduce tougher legal restrictions on shisha following the introduction of a new legislative proposal seeking to criminalise its manufacture, sale and promotion across the country.

The proposals are contained in the Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung’wah.

The Bill was introduced for its first reading in the National Assembly on November 5, 2026, setting the stage for parliamentary consideration of proposed changes to Kenya's tobacco and alcohol control laws.

Under the proposed amendments to the Tobacco Control Act, anyone found manufacturing, selling or promoting shisha would face a fine of up to KSh 5 million, imprisonment for a term not exceeding 10 years, or both upon conviction.

The proposed legislation also seeks to prohibit individuals and businesses from allowing, facilitating, encouraging or promoting shisha smoking in Kenya.

What Does the Proposed Law Say About Shisha?

The Bill introduces a broader definition of shisha, covering flavoured and non-flavoured tobacco products that may contain molasses, honey, vegetable glycerol and other natural or artificial flavouring substances.

It also seeks to address the use of nicotine pouches by prohibiting their promotion and facilitation under the proposed provisions.

The legislative move comes amid continued government concerns over the public health implications of tobacco consumption and the challenges of enforcing existing restrictions.

According to the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), shisha smoke contains harmful substances, including carbon monoxide and tar, which have been associated with serious health complications.

Kenya's Previous Shisha Ban

Kenya introduced restrictions against shisha smoking in 2017 through the Public Health (Control of Shisha Smoking) Rules.

However, enforcement has remained a challenge, with shisha products continuing to appear in some entertainment establishments despite government crackdowns.

In June 2026, the Ministry of Health also initiated public participation on proposed Public Health (Prohibition of Shisha Smoking and Waterpipe Tobacco Products) Rules, 2026, seeking to strengthen restrictions on the importation, manufacture, distribution, sale and consumption of waterpipe tobacco products.

The latest parliamentary proposal therefore represents another legislative effort to strengthen the country's response to shisha-related concerns.

Broader Changes to Alcohol and Tobacco Regulations

Beyond shisha, the 2026 Amendment Bill proposes several other changes to Kenya's alcohol and tobacco regulatory framework.

Among them is a digital tracking and tracing system for alcoholic beverages manufactured or imported into the country. The proposed system is intended to help authorities establish the origin and distribution history of alcoholic products, particularly those suspected of causing serious harm.

The Bill also proposes stricter packaging requirements for chang'aa and increased penalties for smoking in prohibited public places.

What Happens Next?

The Bill is not yet law. Following its introduction for the first reading, it must undergo the relevant parliamentary processes, including public participation, committee consideration and subsequent debate.

Kenyans and affected stakeholders will have an opportunity to engage with the proposed changes as the legislative process progresses.

If enacted in its current proposed form, the legislation would significantly strengthen the penalties associated with shisha-related activities in Kenya.

For now, the country awaits further parliamentary consideration of the proposed amendments.