A magistrate in Eldoret has proposed arresting and prosecuting club owners who violate the shisha ban.
Eldoret Chief Justice Peter Ireli pointed out that normally employees of the clubs where shisha is smoked are prosecuted.
He demanded that law enforcement agencies start arresting club owners along with their employees if they are serious about eradicating a thriving business in town.
A magistrate made the information while sentencing two men to six months in prison after pleading guilty to smoking and serving shisha at a nightclub in Eldoret.
“Arresting and prosecuting the employees will not eradicate the sale and consumption of shisha. The owners of the clubs where the business is carried on must face the rule of law,” the magistrate said .
The two convicts were employees of a well-known entertainment venue in the town and were charged with using shisha in contravention of section 169 of the Public Health Act 2017.
Moses Odhiambo and Abdi Hussein were arrested on the night of November 12, 2023, while smoking shisha and serving customers at a nightclub in the Annex area of Keses sub-county.
Both men pleaded guilty and were each sentenced to a fine of Sh50,000 or six months' imprisonment.
Ireli said punishing employees alone will not eradicate shisha use, especially in high-end clubs where business is said to be booming.
Cases related to shisha smoking and serving have become common in Eldoret courts.
Ironically, club owners may simply choose to pay the fine or, in some cases, have their employees carry the cross and hire others to stay in business.
At least one incident related to shisha smoking and serving is reported every month in Eldoret courts.
Last weekend, leaders of the National Campaign against Alcohol and Drug Abuse (Nakada) were scheduled to carry out a shisha crackdown at clubs in Eldoret, but the operation was called off due to uncertainty.
Most of the clubs suspected of selling shisha are strategically located near tertiary institutions along Kenya's major highways.
Despite allegations that hookah use is rampant in Eldoret, Uasin Gishu District Commander Benjamin Mwanti refuted the claims.
“Currently, there are no shisha shops in this town. We have eliminated it,” Mwanti said.
Kenya introduced a comprehensive ban in 2017 that includes the use, import, manufacture, sale, promotion or facilitation of the use of shisha. Kenya has become the fourth country in East Africa to ban shisha, after Uganda, Tanzania and Rwanda.
