Shisha pots (photo/star.co.ke)
Traders on Friday failed to secure an injunction order over the ban on Shisha in a petition filed at the High Court.
Through their lawyer Eric Matundura, the petitioners claimed that the Health Cabinet Secretary Cleopa Mailu did not act within his powers in prohibiting importation and sell of product arguing that the decision was biased and discriminatory in nature.
“Shisha is a product of tobacco just like cigarettes. The most we expected from the CS was to direct that the use of shisha should be in designated areas,” said Matundura.
The lawyer argued that their were no consultation between the ministry and the stakeholders.
“The stakeholders were never consulted in arriving at the decision to ban shisha; there was no any form of public participation. The regulations carried out by the CS are erroneous and we are very hopeful that the court will agree with us that he acted outside the law and that the legal notice cannot stand,” he said.
However, the high Court has granted a stay order to the petition until an interparty hearing is heard on 4th of January.
Justice John mativo ordered the petitioners to serve the respondents with the petition since they were initially not served.
This comes after former chief justice Dr Willy Mutunga doubting if CS Mailu consulted the Attorney General on the ban and termed it as dictatorial.
For a person who doesn’t believe that the right to health is a public good this ban smirks of hypocrisy and dictatorship," Mutunga said in a tweet.Nacada has since louded the ban saying it's for public good.