Former Chief Justice Willy Mutunga. [Photo| Courtesy]Former Chief Justice Willy Mutunga has criticised the Cabinet Secretary for Health Cleopa Mailu over the ban of smoking and sale of shisha in Kenya. Through a special notice in the Kenya Gazette dated Wednesday 27, December 2017, Mailu warned that anyone who contravenes the directive will be penalised.“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.In a tweet he wrote on Thursday, Mutunga termed the move as hypocritical and dictatorial. He added that the CS had not consulted the Attorney General Githu Muigai before announcing the ban. “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 tweeted.

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