A magistrate in Eldoret has proposed that owners of clubs that violate the ban on shisha be arrested and charged.
Eldoret Principal Magistrate Peter Ireri noted that employees of clubs where shisha is smoked are the ones who are usually prosecuted.
He challenged law enforcers to start arresting club owners alongside their employees if they were serious about eradicating the thriving business in the town.
The magistrate made the calls while sentencing two men to serve six months in jail after pleading guilty to smoking and serving shisha in an Eldoret nightclub.
“Arresting and charging employees will not help in eradicating the sale and consumption of shisha. Owners of clubs where the business is taking place must face the rule of law,” the magistrate said.
The two convicts, who are employees of a well-known entertainment spot in the town, were charged with using shisha, contrary to section 169 of the Public Health Act of 2017.
Moses Odhiambo and Abdi Hussein were arrested at a nightclub in the Annex area of Kesses sub-County on the night of November 12, 2023 while smoking and serving shisha to customers.
They both pleaded guilty and were each fined Sh50,000 or served a jail term of six months.
According to Mr Ireri, punishing employees alone will not eradicate shisha use, especially in posh clubs where the business is allegedly thriving.
Ironically, club owners easily pay the fine or sometimes choose to leave their employees to carry their crosses and employ other people to continue with their business.
Last weekend, senior officials from the National Campaign Against Alcohol and Drug Abuse (Nacada) were to conduct a shisha crackdown in clubs in Eldoret, but the operation was called off under unclear circumstances.
Most of the clubs suspected to be dealing in shisha are strategically located near institutions of higher learning along major highways in Kenya.
Despite allegations of rampant use of shisha in Eldoret, Uasin Gishu County Commander Benjamin Mwanthi has refuted the claims.
“Currently there is no shisha business in this town. We have eliminated it,” said Mr Mwanthi.
In 2017, Kenya introduced a comprehensive ban on shisha, including use, import, manufacture, sale, and promotion or facilitation of its use. Kenya became the fourth country in East Africa to ban shisha after Uganda, Tanzania, and Rwanda.
