No laws to regulate miraa, muguka and shisha, Health CS tells Senate committee
A miraa and muguka trader displays his stock at his stall on Latema Road, Nairobi on June 3, 2024.
What you need to know:
- Health Director General Patrick Amoth, who had accompanied the CS, said the majority of narcotics used in the country, including shisha, vapes, e-cigarettes, gums, among others, are mainly imported drugs laced with toxic, addictive drugs.
There are no existing laws to regulate the use of miraa, muguka and shisha in the country, Health Cabinet Secretary Aden Duale told a Senate committee last week.
Further, besides the lacuna in the legal framework, miraa, also known as khat and muguka, both classified as stimulant drugs, do not fall under the Ministry of Health (MoH), the CS said.
He appeared before the Senate Committee on Delegated Legislation to deliberate on the Graphic Health Warnings for Tobacco Products, Legal Notice No. 107 of 2025.
The committee vice chairperson, Tana River Senator Danson Mungatana, sought to know why the MoH has not put in place legal frameworks to curb miraa and muguka, which equally have serious health implications.
Nothing to implement
In response, Mr Duale stated, “There is no law on muguka. Once you bring it, I will bring the regulations. For now, I have no law to implement.”
According to the CS, two bills are awaiting Parliament’s approval, one for tobacco, which was introduced by nominated Senator Catherine Mumma and the other for shisha.
“On tobacco law, we saw there was no need to introduce a new bill. We have sent some amendments through the clerk.”
However, Mombasa Senator Mohamed Faki accused the CS of doublespeak and MoH of reluctance to establish legal frameworks as Kenyans continue dying.
Amendments
The CS clarified that MoH was only introducing amendments to the tobacco law, which was introduced by Senator Mumma, noting that muguka and miraa are not under MoH.
“We saw that if we introduce our bill, it will take two or three years.”
Lack of a legal framework on muguka and miraa, Mr Duale explained, means that MoH cannot make graphics on the harmful substances “because they are not anchored in law”.
Regarding shisha, the health minister revealed that the current legislation used to regulate shisha was introduced through a directive by retired President Uhuru Kenyatta.
Terming the current legislation on shisha “weak”, he disclosed that the popular drug among urban youths is laced with hard drugs, emphasising the need to address the legal lacuna.
Health Director General Patrick Amoth, who had accompanied the CS, said the majority of narcotics used in the country, including shisha, vapes, e-cigarettes, gums, among others, are mainly imported drugs laced with toxic, addictive drugs.
Laxity
Senator Mumma raised concerns over the laxity in passing the tobacco law, accusing powerful forces in the industry of derailing the process.
“There is serious lobbying for not passing this law, so it can just remain a regulation. Parliament must be taken into account. Eight years down the line, and there is nothing to show.”
Mr Duale said, “I am watching with keen interest at how both houses will treat those two Bills. “They will have to choose between trade and public health. Parliament should find a way.”
