Duale explains why shisha and miraa users cannot be prosecuted

Consumers of shisha and miraa will continue to use the substances as there is no law or penalty for those found in violation, Health Cabinet Secretary Aden Duale told senators.

Duale said that although shisha was prohibited through a Gazette notice by former President Uhuru Kenyatta, charging users has been difficult since there is no proper law to guide the process.

Appearing before the Senate Delegated Committee in a session chaired by Danson Mungatana (Tana River), Duale was categorical that the Gazette notice prohibited the importation, manufacture, sale and use of shisha across the country.

“There is no law to charge the users of shisha. Even if you take them to court, there is no law or penalty that they can be charged with,” said Duale.

Tobacco bill

Duale was responding to a question by Mohammed Faki (Mombasa) on what the government was doing to regulate the use of miraa, muguka and shisha.

“What is the government doing to regulate miraa, muguka and shisha, which are equally harmful, just like the various tobacco products?” posed Faki.

Duale told the senators that stakeholders in the tobacco industry will try to influence them to drop the Tobacco bill, but it was time they had the interests of Kenyans at heart.

“Since I am not looking for votes, I will personally lobby for the passage of the Tobacco Control Bill since we cannot allow Kenyans to continue dying due to various cancers that can be attributed to the long-term usage of harmful tobacco products,” said Duale.

He further stated that the Health Ministry cannot make graphics on some of the harmful products since they are not defined in law for distribution and manufacture.

Moral issue

According to Duale, parenting is a moral issue, and it is imperative among citizens to educate their children about the dangers of using some of these harmful substances laced with dangerous drugs that will affect their health in the long run.

In the activities preceding the ban, 79.2 per cent of the shisha samples collected tested positive for heroin.

Duale charged that Shisha smoking has slowly crept back despite its ban by the government in 2017, adding that the vice is now a common practice in entertainment joints.

Shisha smoking, also called narghile, water pipe, hookah or hubble bubble, originates from the Middle East and certain areas of Asia.

It is a way of smoking tobacco through a bowl with a hose or tube attached.

Duale called on Parliament to enact laws to ensure the government can control its usage.

According to Duale, some powerful individuals have tried to arm-twist the Ministry of Health to allow harmful tobacco products, but it was the responsibility of all arms of government to ensure that this does not happen.

The Tobacco Control Amendment Bill is sponsored by Nominated Senator Catherine Mumma.

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