High Court declares shisha ban unconstitutional
[File, Standard] The High Court has lifted the shisha ban after declaring the continued enforcement of the prohibition unlawful and unconstitutional, effectively stopping the government from relying on regulations that had long ceased to have legal effect.
In a judgment delivered on Tuesday, Justice Bahati Mwamuye held that the legal foundation upon which the ban was enforced collapsed after the State failed to regularise the Public Health (Control of Shisha Smoking) Rules, 2017 within the timeline set by the High Court in an earlier case.
The dispute was filed by the Novel Tobacco Products Association which challenged the government's position that the nationwide prohibition on shisha remained legally enforceable despite an earlier court decision that found procedural defects in the regulations establishing the ban.
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