Shisha Smokers Face Sh10 Million Shock as New Bill Proposes 10-Year Jail Term

Kenya’s shisha trade could face a fresh legal blow if Parliament approves a proposed law introducing tougher penalties for people involved in its manufacture, sale and promotion.

The Alcoholic Drinks and Drugs Control Laws (Amendment) Bill, 2026, sponsored by National Assembly Majority Leader Kimani Ichung’wah, proposes a fine of up to Sh5 million, a jail term of up to 10 years, or both for anyone found guilty.

The proposal also seeks to stop people from allowing, encouraging or facilitating shisha smoking. It describes shisha as tobacco products that may be flavoured or unflavoured and can contain molasses, honey, vegetable glycerol and other natural or artificial flavours.

The move is likely to attract attention from bar owners, suppliers and customers, especially because shisha has remained visible in some entertainment spots despite an earlier ban. The proposed changes would strengthen the legal response by targeting not only smoking but also businesses and individuals who make the product available.

The Bill also introduces fresh conditions for chang’aa sales. If passed, the traditional alcoholic drink would have to be sold in glass bottles fitted with non-refillable caps. Each bottle would also carry a manufacturer’s security feature to help identify genuine products.

Another proposal is a digital tracking system covering alcoholic drinks made locally or imported. It is intended to help authorities trace a drink’s source if it is linked to deaths or serious harm.

The Alcoholic Beverages Association of Kenya has opposed the proposals in their current form, warning that legitimate businesses could lose jobs and consumers might turn to unsafe illicit alcohol.

The measures form part of an effort to tighten controls. The Bill has only been introduced for its first reading. It must undergo public participation and parliamentary consideration before becoming law. Until then, the proposed penalties are not yet in force.

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