Republic of Kenya v. Erick Ndoro Chaka

The Office of Kenya’s Director of Public Prosecutions filed criminal charges against several individuals for selling or smoking shisha contrary to Kenya’s ban on the use, manufacture, sale, or offer for sale of shisha (Rule 3 of the Public Health (Control of Shisha Smoking) Rules, Section 164 of the Public Health Act).

The Court found that the ban was no longer in place due to procedural circumstances affecting its validity (the legal instrument implementing the ban did not meet the procedural requirements set by Kenya’s Statutory Instruments Act when issued). Therefore, the Court ruled that criminal charges cannot be pursued against individuals using, manufacturing, selling, or offering for sale shisha.


Republic of Kenya v. Erick Ndoro Chaka, Criminal Case E061 of 2024, Shanzu Law Courts, KEMC 6 (KLR) (28 March 2024).

  • Kenya
  • Mar 28, 2024
  • Chief Magistrate's Court at Shanzu


Plaintiff Office of the Director of Public Prosecutions

Defendant Erick Ndoro & others

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product