Former Chief Justice Willy Mutunga.[Photo/the-star.co.ke]Former Chief Justice Dr Willy Mutunga has questioned Government's banning of the importation, manufacture and sale of shisha.
Through his Twitter account, Dr Mutunga said chances were that the Health Cabinet Secretary, Dr Cleopa Mailu, had not consulted the Attorney General Prof Githu Muigai before effecting the ban.
According to Mutunga, the ban was illegal but was hypocritical and dictatorial.
“The chances are that the CS has not consulted the AG on his constitutional and legal powers to announce such a ban. For a person who doesn’t believe that the right to health is a public good this ban smirks of hypocricy and dictatorship,” Mutunga said in a tweet.On Thursday, CS Mailu warned that culprits would be liable to penalty under section 163 of Public Health Act.
“No person shall import, manufacture, sell, offer for sale, use, advertise, promote, facilitate or encourage shisha smoking in Kenya, “read part of the Gazette Notice.